Court : House of Lords
..... or 6 of the criminal law amendment act, 1885. provided that in the case of a man of twenty-three years of age or under the presence of reasonable cause to believe that the girl was over the ..... powers of arrest. in any context in which they are used they give rise to a similar issue of law or fact cognisable by the court. by the criminal law amendment act, 1922, s. 2, reasonable cause to believe that a girl was of or above the age of sixteen years shall not be a defence to a charge under sections 5 ..... any person whom he has reason to believe has committed an offence if he believes such person will abscond. note the two beliefs, one qualified, the other not. criminal law amendment act, 1912, s. 1: a constable may arrest without warrant any person whom he shall have good cause to suspect of having committed any offence. dangerous drugs .....
Tag this Judgment!Court : House of Lords
..... the problem referred to in lucas, cedar rapids and fraser. it follows also, in my opinion, that post the coming into effect of the 1919 act, and until some important statutory amendments were made following the 2nd world war, any special suitability or adaptability of land that was not caught and excluded by rule (3) ought to have ..... my opinion, however, the "value to the seller" rule is at least implicit in rule (2) of section 2 of the 1919 act. it may be noted also that, if the indian act had been the act in force in trinidad, section 24 would have made it crystal clear that the $15,000 had to be disallowed. lord macdermott's ..... revenue divisional officer, vizagapatam [1939] ac 302 the privy council rejected this rigorous application of the principle. this case, normally known by the shorthand title of the 'indian case', concerned land adjoining a harbour at vizagapatam which at that time was malarial. the land contained a spring of clean water. the only potential purchaser of the special .....
Tag this Judgment!Court : House of Lords
..... would not necessarily be different from uepo and therefore rejected the claim. amgen were therefore put to finding some distinction between the patented epo and uepo. they amended the claim by adding the words "and which has higher molecular weight by sds-page from erythropoietin isolated from urinary sources." i shall come back to the ..... within the jurisdiction or abroad) by that process. this is article 64(2) (given effect in united kingdom domestic law by section 60(1)(c) of the act): "if the subject-matter of the european patent is a process, the protection conferred by the patent shall extend to the products directly obtained by such process." 90 ..... for insufficiency and (in the case of claim 26) anticipation. i shall consider amgen's appeal first. extent of protection: the statutory provisions 18. until the patents act 1977, which gave effect to the european patent convention ("epc") there was nothing in any uk statute about the extent of protection conferred by a patent. it was .....
Tag this Judgment!Court : House of Lords
..... , however, a few exceptions and qualifications, one of which is relevant to this case. 77. the amendments came into force on 2 april 2001. the relevant provisions of the race relations act 1976, as amended by the race relations (amendment) act 2000, at the material time (they have been further amended since) were as follows: "1 racial discrimination (1) a person discriminates against another in any ..... in great detail by the respondent and once again i shall simplify it. in 1986 there was a significant increase in the number of asylum seekers, in particular from the indian subcontinent and west africa. in the result the visa requirement was extended to india, pakistan, bangladesh, ghana and nigeria. icla was passed as a necessary adjunct of the visa regime .....
Tag this Judgment!Court : House of Lords
..... between july and december 1957. he could have obtained his release by undertaking to observe the law and refrain from activities contrary to the offences against the state (amendment) act 1940, but instead challenged the lawfulness of the irish derogation. he failed. in para 22 of its judgment the court held that it was for it to ..... nationals. indeed, para 26 of the statement shows that the "shoe bomber" richard reid, a british national, attended a training camp in afghanistan in 1998. the amended addendum to the open generic statement mentions that 9 british citizens were detained as a consequence of coalition action in afghanistan and pakistan and points out that the attendance ..... must be made to the important decision of the european court of human rights in chahal v united kingdom (1996) 23 ehrr 413. mr chahal was an indian citizen who had been granted indefinite leave to remain in this country but whose activities as a sikh separatist brought him to the notice of the authorities both in .....
Tag this Judgment!Court : House of Lords
..... strasbourg court. it appears much more clearly in the jurisprudence of the united states supreme court, which in applying the equal protection clause of the 14th amendment has developed a doctrine of "suspect" grounds of discrimination which the court will subject to particularly severe scrutiny. they are personal characteristics (including sex, ..... people) results from the interaction of some provisions of primary and secondary legislation, that is section 113(1)(a) of the social security contributions and benefits act 1992, regulations 4(1) and 5 of the social security benefit (persons abroad) regulations 1975 and regulation 3 of the social security benefits (up- ..... by regulation. regulation 4 of the social security benefit (persons abroad) regulations 1975 (si 1975/563) (deemed to have been made under the 1992 act) makes such an exception for retirement pensions. but regulation 5 makes an exception to the exception. in the absence of reciprocal treaty arrangements, persons ordinarily .....
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..... queen. its constitution is the south georgia and south sandwich islands order 1985 (si 1985/449) ("the order") as amended. the order was made by her majesty in council under powers conferred by the british settlements acts 1887 and 1945. the executive and legislative powers in sgssi, referred to in the order as "the territories", are ..... state for foreign and commonwealth affairs [2001] qb 1067. in that case the applicant sought judicial review of an ordinance made by the commissioner for the british indian ocean territory under powers similar to those conferred by the 1985 order on the commissioner for sgssi. the secretary of state and the commissioner were both respondents to ..... , eg in settling the form of the 1931 lease; but it was not the government." quark was unable satisfactorily to distinguish this authority. 15. in ex p indian association of alberta, above, the issue (see p 909) was whether obligations which the applicants sought to enforce were owed by "her majesty in right of her .....
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..... , 898, per lord reid. but in the present case the involvement of the legislature goes much deeper. in the present case the later legislation, for instance, the legislation amending the sexual offences (amendment) act 2000, simply could not have had effect if the earlier legislation was not validly enacted. 69. moreover, and importantly, the attorney general was right when he submitted that the ..... a way that has acknowledged its validity. the war crimes act was amended by the criminal justice and public order act 1994 and the criminal procedure and investigations act 1996. the european parliamentary elections act was repealed by and consolidated in the european parliamentary elections act 2002. and the sexual offences (amendment) act was amended by the sexual offences act 2003. the political reality is that of a general acceptance .....
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..... practical application or legal existence. 29. there is a large measure of truth in the first of these contentions. section 79(1) of the environmental protection act 1990, as amended, establishes nine categories of statutory nuisance (the state of premises, smoke emissions, fumes or gases from dwellings, effluvia from industrial trade or business premises, accumulations ..... with understandable diffidence, there are other offences which might cover the kind of conduct with which he was charged. section 1 of the malicious communications act 1988, as amended, makes it an offence to send another person a letter, electronic communication or article of any description which conveys a message which is indecent or ..... offences the same year (3 geo iv, cap cxiv). 10. it seems likely that the draftsman of section 268 in chapter xiv of the indian penal code (act xlv of 1860) intended to summarise the english common law on public nuisance as then understood. "a person is guilty of a public nuisance who .....
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..... the 17th century, but the practice was brought to an end there after the union by section 5 of the treason act 1708. that section, which remains in force subject only to one minor amendment (see statute law (repeals) act 1977, sch i, part iv) and applies to england as well as scotland, declares that no person accused of any ..... whom it was proposed to deport on the grounds of their danger to the public. thus by section 1 (as amended by section 35 of the 2001 act) siac was to be a superior court of record, now (since amendment in 2002) including among its members persons holding or having held high judicial office, persons who are or have been ..... appointed as chief adjudicators under the nationality, immigration and asylum act 2002, persons who are or have been qualified to be members of the immigration appeal tribunal .....
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