Judgment Search Results Home > Cases Phrase: tokyo convention act 1975 section 2 definitions Page 4 of about 17,032 results (0.197 seconds)

R (on the Application of Chester) and Another Vs. Secretary of State f ...

Court : UK Supreme Court

..... section 7 of the act provides: "(1) a person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may (a) bring proceedings against the authority under this act in the appropriate court or tribunal, or (b) rely on the convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful ..... register. the court held (para 78) that, in the then current state of community law "the definition of the persons entitled to vote and to stand as a candidate in elections to the european parliament falls within the competence of each member state in compliance with community law, and that articles 189 ec, ..... 64. supporting this is also the consideration that the court accepted that "the definition of the persons entitled to vote and to stand falls within the competence of each member state in compliance with community law" (spain ..... antilles. after repeating (para 45) that "in the current state of community law, the definition of the persons entitled to vote and to stand for election falls within the competence of each member state in compliance with community law", the court opened ..... the united kingdom has by treaty agreed should give definitive rulings on the ..... unconstitutional. given that, by definition, parliamentarians do not represent the disenfranchised, the usual respect which the courts accord to a recent and carefully considered balancing of individual rights and community interests (as, for example, in .....

In the Matter of B (a Child) (Fc)

Court : UK Supreme Court

..... order, made with a view to the child's adoption, requires the court to consider (a) aspects of the threshold to the making of a care order set by section 31(2) of the children act 1989; (b) the application to the decision whether to make a care order of the requirement under article 8 of the european convention on human rights 1950, "the convention", that the nature of any interference with the exercise of the right to respect for family life should be proportionate to its legitimate aim, "the ..... ' for adoption unless that course is proportionate/necessary; (c) no public authority (including a court) may lawfully act in a way which is incompatible with that right; (d) in order to address the question whether it would be acting unlawfully (in breach of section 6 of hra) a court, at whatever level, which is called on to sanction an adoption must ask itself whether this is a proportionate/necessary interference with the parents' convention right; (e) the question in (d) cannot be answered by saying that another public authority/court has said that ..... wilson lj, at para 29, quoted booth j in humberside county council v b [1993] 1 flr 257, at p 263: "significant harm was defined by miss black, in accordance with the dictionary definition, first as being harm that the court should consider was either considerable or noteworthy or important. ..... in 1975, when she was aged four, the marriage of her parents broke down and, with her sisters, she moved to live with her grandparents. .....

Jude (Respondent) Vs. Her Majesty's Advocate (Appellant) (Scotland), H ...

Court : UK Supreme Court

..... right to take the point as a ground of appeal; and (4) in jude's case only, that the point had been taken too late as section 100(3b) of the scotland act 1998, as amended by section 1 of the convention rights proceedings (amendment) (scotland) act 2009, provides that any proceedings brought on the ground that an act of a member of the scottish executive is incompatible with the convention rights must be brought before the end of the period of one year beginning with the date on which the ..... a further discrete ground was advanced on behalf of the lord advocate in the case of jude to the effect that section 100(3b) of the scotland act 1998, as amended by section 1 of the convention rights proceedings (amendment) (scotland) act 2009, precluded a challenge to the lord advocate's leading evidence of the statement which jude made because that challenge was made too late. ..... in its amended form, the relevant provisions of that section are as follows: "(1) this act does not enable a person (a) to bring any proceedings in a court or tribunal on the ground that an act is incompatible with the convention rights, or (b) to rely on any of the convention rights in any such proceedings, unless he would be a victim for the purposes of article 34 of the convention (within the meaning of the human rights act 1998) if proceedings in respect of the act were brought in the european court of human rights. .....

R (on the Application of Gc) (Fc) (Appellant) Vs. the Commissioner of ...

Court : UK Supreme Court

..... of the specific issues before the house in s and marper was, it should be noted: "(4) if the retention of fingerprints and dna profiles and/or samples is an unjustified interference with the appellants' convention rights, whether it would be possible to give section 64(1a) a convention-compatible interpretation under section 3 of the 1998 act" (lord steyn's judgment at para 17) an issue, of course, as lord steyn observed at para 57, that in the event fell away. ..... also in retrospect, one can see that the proper remedy for incompatible actions by the local authority is a free-standing action under section 7(1)(a) of the human rights act, rather than by the care court adopting powers which contradicted the "cardinal principle" of the separation of powers between court and local authority in care ..... nicholls observed in ghaidan v godin-mendoza [2004] 2 ac 557, 572, para 33, when indicating the limits of the court's section 3 powers: "there may be several ways of making a provision convention-compliant, and the choice may involve issues calling for legislative deliberation. ..... my view, therefore, given the policy and objects of the enactment, before the decision of the european court the police could not have exercised their power under section 64(1a) by choosing to retain samples and data for, say, only three years (or any other period deliberately not prescribed in the legislation) and then destroying them. ..... exceptional cases will by definition be rare. ..... cases will by definition be rare. .....

Cadder (Appellant) Vs. Her Majesty's Advocate (Respondent) (Scotland)

Court : UK Supreme Court

..... cases which have not yet gone to trial, cases where the trial is still in progress and appeals that have been brought timeously (see section 100(3b) of the scotland act 1998, as amended by the convention rights proceedings (amendment) (scotland) act 2009 to which lord rodger refers in paras 105 and 106) but have not yet been concluded will have to be dealt with on the basis that a ..... custody in a police station or other premises, shall be entitled to have intimation of his custody and of the place where he is being held sent to a person reasonably named by him; (b) is being detained under section 14 of this act and has been taken to a police station or other premises or place, shall be entitled to have intimation of his detention and of the police station or other premises or place sent to a solicitor and to one ..... anyone who is detained under the section is, by definition, already reasonably suspected of committing the ..... in this connexion, in their second report on criminal procedure in scotland (cmnd 6218, 1975), para 2.03, the thomson committee elegantly referred to police practices which were accepted by the public, including criminals, as fair "although they ..... topic on which the police lacked adequate guidance: scottish practice in relation to admissions and confessions by persons suspected or accused of crime, 1975 slt (news) 265, 266. ..... recommendations in 1975. ..... recommendations of the thomson committee: criminal procedure in scotland (second report) (cmnd 6218) (october 1975). .....

Hm Treasury Vs. Ahmed and Others

Court : UK Supreme Court

..... by lord browne-wilkinson in r v secretary of state for the home department, ex p pierson [1998] ac 539, 575, i have come to the conclusion that, by enacting the general words of section 1(1) of the 1946 act, parliament could not have intended to authorise the making of aqo 2006 which so gravely and directly affected the legal right of individuals to use their property and which did so in a way which deprived ..... next one must turn to the definition of "the convention" in section 21 of the hra: "the convention for the protection of human rights and fundamental freedoms, agreed by the council of europe at rome on 4th november 1950 as it has effect for the ..... are fundamental to the mission of the un to secure international peace and security and since they rely for their effectiveness on support from member states, the convention cannot be interpreted in a manner which would subject the acts and omissions of contracting parties which are covered by unsc resolutions and occur prior to or in the course of such missions, to the scrutiny of the court ..... determination of the guilt or innocence of any individual", that "all individuals designated by the [international investigation] commission [s/2005/662] or by the government of lebanon as suspected of involvement in this terrorist act, upon notification of such designation to and agreement of the committee [established by the security council for the purpose]" should be prohibited entry to or transit through states other than their own, and .....

Pasl Wind Solutions Private Limited Vs. Ge Power Conversion India Priv ...

Court : Supreme Court of India

..... infrastructure (supra), we find, that the proceeding before the hon'ble supreme court was with regard to appointing an arbitrator under section 11(6) and after taking note of the definition of international commercial arbitration as provided in section 2(1)(f), the procedure for appointment of arbitrator and the provision of section 28, it was held that part i of the act of 52 1996 deals with domestic arbitration and part ii deals with foreign award , and by specifically taking note of the ..... legal relationships, whether contractual or not, considered as commercial under the law in force in india, made on or after the 11th day of october, 1960 (a) in pursuance of an agreement in writing for arbitration to which the convention set forth in the first schedule applies, and (b) in one of such territories as the central government, being satisfied that reciprocal provisions have been made may, by notification in the official gazette, declare to be territories to which ..... whom one is subject to the jurisdiction of some one of such powers as the central government, being satisfied that reciprocal provisions have been made, may, by notification in the official gazette, declare to be parties to the convention set forth in the third schedule, and of whom the other is subject to the jurisdiction of some other of the powers aforesaid, and 30 (c) in one of such territories as the central government, being satisfied that reciprocal ..... scc472 482 : (1975) 1 ..... [(1975 ..... scc304 309 : (1975) 3 scr783 .....

Apex Hosiery Co. Vs. Leader

Court : US Supreme Court

..... offense has been committed by him or by his actual associates participating with him in the offense or by his fellow conspirators: provided, that no court of the united states shall construe or apply any of the provisions of sections 420a to 420e of this title in such manner as to impair, diminish, or in any manner affect the rights of bona fide labor organizations in lawfully carrying out the legitimate objects thereof, as such rights are expressed in ..... most careful and earnest consideration by the judiciary committee of the senate, it was agreed by every member that it was quite impracticable to include by specific description all the acts which should come within the meaning and purpose of the words 'trade' and 'commerce' or 'trust', or the words 'restraint' or 'monopolize', by precise and all-inclusive definitions; and that these were truly matters for judicial consideration. ..... argument for immunity under the terms of sections 6 and 20 of the clayton act [ footnote 2/1 ] has also ..... [ footnote 26 ] section 6 of the clayton act declared that "nothing contained in the antitrust laws shall ..... section 1 of the sherman act [ footnote 2/2 ] condemns as illegal every "combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several ..... section 1 of the sherman act provides: "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is .....

Pratabmull Rameshwar Vs. K.C. Sethia (1944), Ltd.

Court : Kolkata

Reported in : AIR1960Cal702,64CWN616

..... the plaintiff-appellant claims the present right of suit against almost on the same grounds pleading that this foreign award is not enforceable under section 7 of the arbitration (protocol and convention) act, 1937 the only material difference being that what was previously said to be an implied term is now alleged to be an express oral agreement. ..... by the analysis of the different provisions of the statute in the arbitration (protocol and convention) act 1937, i have endeavoured to show that the right, procedure and manner of enforcing the award is provided in a number of sections stating expressly that a party wanting to enforce the award may do so by filing the award (section 5) and thereafter the court pronouncing judgment on the award and then when such judgment is pronounced a decree shall follow and that is equating the procedure for ..... i am inclined to think that the word 'award' in section 32 of the arbitration act 1940 means an award made under that act and not under the arbitration protocol and convention act and therefore i hold section 32 of the arbitration act does not apply to awards made under the arbitration protocol and convention act 1937. ..... at the conclusion of all these proceedings when the respondent made an application in this court under section 5 of the arbitration (protocol and convention) act, 1937 to file the foreign award, the appellant instituted this suit on the original side of this court on 28-11-1952 for the reliefs mentioned above. .....

Massimilano Latorre, Holder of Italian Passport Number Aa 1465972, (Ch ...

Court : Kerala

..... convention for suppression of unlawful acts against the safety of maritime navigation and the protocol for the suppression of unlawful acts, the parliament had enacted the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act, 2002 (hereinafter referred to as the 'sua act'), and that, the incident alleged would also amount to an offence punishable under section 3 of the sua act and therefore, in the light of section 3 of ipc r/w section 3 of the sua act ..... it is pertinent here to have a reading of article 101 of unclos which defines piracy in the following manner: "article 101 definition of piracy piracy consists of any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i)on the high seas, against another ship or aircraft, or against persons or ..... x x x x x x x x x x x x xx x the definition of the territorial waters, cz and eez as per sections 3, 5 and 7 of the territorial waters act is in tune with the definition of territorial waters, cz and eez as per article 3, article 33 and article ..... definition, i find that the vessel as well as the fishing boat would come within the definition of 'ship' under the sua act ..... in the light of the above definitions, i find that, the spot of occurrence, irrespective of the contradictions in exhibit p3 and the pleadings of the respondents, .....