Court : US Supreme Court
..... diminished during their term of service by virtue of such service, nor shall such period of service be deducted from any leave of absence authorized by law." this act amended the prior provision known as 217 of the code of law for the district of columbia approved march 3, 1901 (code d.c.1929 tit. 18, ..... those who receive governmental pensions and gratuities. fourth. respondent also raises the question of the validity of the statute under the due process clause of the fifth amendment. for the reasons already given, we find nothing arbitrary or capricious in the legislative action. the judgment of the court of appeals is reversed, and ..... absence of other evidence, that the common law rule was different in the colonies from that in england, much less that the congress which proposed the sixth amendment, or the state legislatures which ratified it, undertook to establish an absolute disqualification of all governmental employees beyond the control of the congressional power. respondent relies .....
Tag this Judgment!Court : US Supreme Court
..... and suitable boilers and appurtenances thereto. c. 103, 36 stat. 913. the latter act was among those referred to in the georgia case, and held not to oust the authority of the state because it did not appear either that congress had acted, or that the interstate commerce commission, under the authority of congress, had established any regulations concerning headlights. the amendment of 1915 ..... commission shall be preceded by notice and an opportunity for a hearing. in the case before us, the supreme court of indiana construed the act of 1909 as supplemental to the act of 1905, which, as amended in 1907 (acts 1907, p. 469, 6; burns' anno.ind.stat. 1908, 5536), gave to any carrier or other party dissatisfied with any order made by the .....
Tag this Judgment!Court : UK Supreme Court
..... be determined as such in accordance with the principles laid down by and any relevant decision of the cjeu: section 3 of the european communities act 1972, as substituted by the european union (amendment) act 2008, section 3 and the schedule, part 1. and where a question is referred to the cjeu for a preliminary ruling, it is our ..... facts as it understood them, is not open to question. this court is required by section 3(1) of the european communities act 1972 (as amended by section 3 of and the schedule to the european union (amendment) act 2008) to determine "any question as to the validity, meaning or effect of any eu instrument" in accordance with "any ..... harmonisation of legislation of member states concerning turnover taxes ("the first directive"), and the sixth directive, as amended by council directive 95/7/ec of 10 april 1995. these are translated into domestic law by the value added tax act 1994. it is sufficient to refer to the eu provisions. 14. article 2 of the first directive .....
Tag this Judgment!Court : UK Supreme Court
..... his 2007/08 tax return. the amendments added various entries to boxes in the tax return intimating that mr cotter had sustained an employment-related loss of 710,000 in the tax year 2008/09 for which he claimed relief under sections 128 and 130 of the income tax act 2007 ("ita"). in particular, the claim for relief was ..... proceedings would be unlawful because (i) mr cotter's self assessment showed that no tax was payable as at 31 january 2009 and (ii) the revenue had not amended the self assessment return. 9. after further correspondence about, among other things, the tax avoidance scheme which had been used to generate the loss claim, the revenue issued ..... was due to pay for 2007/08. secondly, the revenue made that calculation. thirdly, mr cotter then provided the information about his provisional loss relief claim in his amendment of the tax return. fourthly, the revenue reviewed the return and confirmed its assessment of the tax due for 2007/08, treating the claimed relief as irrelevant to .....
Tag this Judgment!Court : UK Supreme Court
..... so the powers of this court must be exercised in the manner provided for by section 288aa(2) and (3) of the 1995 act. 10. the allegation of apparent bias was the subject of an amended note of appeal which had been lodged on o'neill's behalf before the hearing before the appeal court of his application under section 107 ..... (8) of the 1995 act. it made no mention of any act on the part of the lord advocate, so it does not appear ..... 1998 the appellants were sentenced in respect of these convictions to periods of 6 years and 8 years imprisonment respectively and became subject to notification requirements under the sex offenders act 1997. they were taken to peterhead prison to serve their sentences. 17. on 14 september 1998 the procurator fiscal at kilmarnock wrote to the governor of peterhead prison .....
Tag this Judgment!Court : UK Supreme Court
..... the surrendering company relates to a loss in respect of which relief has been given under section 393(1) of the taxes act 1988 (carry forward of trading losses), the surrendering company must at the same time amend its company tax return for the period or, if more than one, each of the periods in which relief for that loss ..... that those claims are invalid as a matter of domestic law. they rely upon para 73(2) of schedule 18 to the finance act ("fa") 1998, which provides that "a claim for group relief may not be amended, but must be withdrawn and replaced by another claim". they say that the original claims were not withdrawn and that it follows ..... is calculated as follows. first step determine the total amount available for surrender under section 403 of the taxes act 1988 (a) on the basis of the information in the company's company tax return, and (b) disregarding any amendments whose effect is deferred under paragraph 31(3). second step then deduct the total of all amounts for which .....
Tag this Judgment!Court : UK Supreme Court
..... the carrier is a community air carrier. generally the montreal convention has force in the uk by virtue of section 1 of the carriage by air act 1961 as amended, but not in relation to community air carriers to the extent that the montreal regulation has force in the uk: section 1(2) of the 1961 ..... level 5 on the standard scale. the maximum level 5 fine on summary conviction is currently 5,000: criminal justice act 1982, as amended, section 37. there will be no maximum limit when the legal aid, sentencing and punishment of offenders act 2012, section 85, comes into effect. 13. regulation 9 is headed "compensation claims by disabled persons etc." it ..... act. the montreal regulation has direct effect in the uk by virtue of section 2 of the european communities act 1972. the montreal regulation followed the conclusion of the montreal convention. .....
Tag this Judgment!Court : UK Supreme Court
..... s argument. of rather more legitimate relevance is the fact that parliament was content to leave the definition of "terrorism" effectively unchanged, when considering amendments or extensions to the 2000 act, well after the 2007 report of lord carlile, which so clearly (and approvingly) drew attention to the width of the definition of terrorism - ..... and (b) in the case of the director of public prosecutions for northern ireland, of the advocate general for northern ireland". the 2006 act 18. the 2006 act made some amendments to the 2000 act, including the addition of "or an international governmental organisation" (an "igo") into section 1(1)(b). part 1 of the 2006 ..... to the certified question should be in the negative. the terrorism acts 2000 and 2006 the 2000 act 11. section 1 of the 2000 act is headed "terrorism: interpretation", and, as amended by the 2006 act and the counter-terrorism act 2008, it provides as follows: "(1) in this act 'terrorism' means the use or threat of action where ( .....
Tag this Judgment!Court : UK Supreme Court
..... with the appellant's convention rights." 17. section 85 is headed "matters to be considered". its present form, along with section 85a, is derived from amendments made by the uk borders act 2007, which were brought into effect, subject to transitional provisions, on 23 may 2011. it provides: "(1) an appeal under section 82(1) against ..... of discretion, not duty, and it is simply not open to the court to interpret it as imposing a duty. for the court to do so is to amend the legislation, not to interpret it." 28. the contrary argument depends to my mind on a misapplication of the so-called padfield principle (padfield v minister of ..... of state's functions in that respect. both the statute and the rules have been subject to frequent amendment and addition. the issues in the present appeals turn principally on the provisions of the nationality, immigration and asylum act 2002 which established a new statutory code relating to appeals against immigration decisions, including the so-called "one .....
Tag this Judgment!Court : UK Supreme Court
..... might be characterised as sharp practice." finally, the respondents rely upon fentiman on international commercial litigation, 2010, at para 11.27: "principle suggests that an amended claim arising from the same facts as the original claim might be consolidated with the original claim for the purposes of article 30 but not where the facts ..... even though put into the context of greek law, were said by the judge to be materially identical to those made prior to the settlement agreement. the acts complained of are all said to have constituted delicts under greek law akin to the torts of defamation and malicious falsehood under english law. the present position ..... for pecuniary compensation due to moral damage amounting to 1 million. the claims also include similarly substantial claims by the other claimants in respect of alleged acts, all done unlawfully and in breach of good faith for the alleged purpose of avoiding the performance by the defendants of their legal obligations. 11. all the .....
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