Judgment Search Results Home > Cases Phrase: tokyo convention act 1975 section 6 jurisdiction Page 4 of about 54,978 results (0.284 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 act. ..... 72. as the court said in k k kdevici, para 51, it is for a national court, in applying national law, "to provide, within the limits of its jurisdiction, the legal protection which individuals derive from european union law and to ensure the full effectiveness of that law, disapplying if need be any provision of national legislation contrary to that principle (see, to that effect, ..... processes. similar principles appear to underlie the exclusion of convicted offenders from the franchise in the many other jurisdictions which practise it, whether on an automatic or a discretionary basis, and in particular those in which the suspension or abrogation of voting rights may be imposed independently of a prison sentence or continue after a term of imprisonment has been ..... arrange. in the passage quoted in para 72 above, the court of justice made clear that it is only "within the limits of its jurisdiction" that a national court can be expected to provide the legal protection that european union law .....

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 ..... not only is this consistent with the normal practice of an appeal court in this jurisdiction but it is also consistent with good sense. ..... 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 ..... the question whether there has been a breach of the fundamental convention right to a fair trial is within our jurisdiction. ..... this is so whether the proceedings in question are civil or criminal, as issues about convention rights may arise irrespective of the nature of the jurisdiction that the court or tribunal is being called upon to exercise. ..... what particular form the remedy or reliance will take depends on the court or tribunal, and on the jurisdiction, in which the matter arises. ..... this point is of crucial importance to the proper exercise of the jurisdiction that has been given to this court by the scotland act. ..... it is the civil courts that have jurisdiction in cases of that kind, as the rules to which i referred in r v kansal (no 2) [2002] 2 ac 69, para 63 make clear in the case of the human rights act. ..... but here again the limits of our jurisdiction must be respected. ..... that is the limit of our jurisdiction. .....

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

Court : UK Supreme Court

..... 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. ..... , 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 ..... 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) ..... had to say on the argument that parliament could not have intended to entrust the creation of a detailed scheme pursuant to section 64(1a) to the police subject only to the judicial review jurisdiction of the court. ..... 's judicial review jurisdiction in the present ..... could not have intended to entrust the creation of a detailed scheme pursuant to section 64(1a) to the police (with or without the assistance of the secretary of state) subject only to the judicial review jurisdiction of the court. .....

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 person who is detained must have had access to ..... one was that the court was laying down that every jurisdiction must, to be compliant with the convention, have in place a system under which access to a solicitor was ordinarily provided as from the first interrogation, whatever safeguards there may otherwise be for a fair ..... 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 may be technically illegal or at least of doubtful ..... cameron described this as an extremely difficult and delicate 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. ..... the background against which the thomson committee made their recommendations in 1975. ..... that these provisions regulate was based on the 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

..... qc submitted that the aqo was likewise ultra vires the 1946 act, and that both the to and the aqo were unlawful by virtue of section 6 of the human rights act 1998 because they were incompatible with article 8 of the european convention on human rights and with article 1 of protocol 1. ..... within the united nations of the re-examination procedure could not give rise to generalised immunity from jurisdiction within the internal legal order of the community, and the community judicature must ensure the full review of all community acts including measures designed to give effect to resolutions adopted by the security council under chapter vii: paras ..... tribunal) (former yugoslavia) order 1996 (si 1996/716), made in reliance on section 1(1), providing for, inter alia, the arrest and transfer out of the jurisdiction of individuals for trial to and sentence by the tribunal ..... and, of course, in all probability the british courts will not have jurisdiction to prosecute the individual for facilitating terrorist acts in utopia even supposing that he could ever be arrested or extradited ..... council's resolution as "a wholly novel exercise of power" and questioned the legitimacy of the use of section 1(1) for the purpose of its implementation: the objections to transfer of criminal jurisdiction to the un tribunal (1997) 46 iclq 434 ..... indeed can a threat posed by an international organisation which establishes itself outside the jurisdiction, or without taking over any particular part, of any state and presents .....

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

Court : Supreme Court of India

..... 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 provisions have been made, may, by like notification, declare to be territories to which ..... however, in para-36 of tdm infrastructure (supra) supreme court clarified that any findings/observations made hereinabove were only for the purpose of determining the jurisdiction of the court as envisaged under section 11 of the 1996 act and not for any other purpose and is also evident from the conclusions noted in para 20 and 22 of the report. ..... between persons arising out of 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 the ..... [(1974) 2 scc472 482 : (1975) 1 scr575 584]. ..... raj narain [(1975) supp scc1 97].) ..... genda lal [(1976) 1 scc304 309 : (1975) 3 scr783).26. .....

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 ..... of interstate shipments resulting from a local factory strike aimed at compelling the employer to yield to union demands were deemed within the sweep of the sherman act, "the natural, logical and inevitable result will be that every strike in any industry, or even in any single factory, will be within the sherman act and subject to federal jurisdiction, provided any appreciable amount of its product enters into interstate commerce," page 265 u. s. ..... 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 ..... 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, .....

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 ..... after probate of a will has been granted, a suit for a declaration that the plaintiffs are the next reversioners to the estate of the testator and as such are entitled to apply to the court having probate jurisdiction for revocation is not within section 42 of the specific relief act and cannot be maintained. at p. ..... is contended that unless the right of suit is there, section 9 gives no new right but only indicates that the courts would have jurisdiction to try all suits of a civil nature. ..... no doubt section 9 of the civil procedure code says that courts shall have jurisdiction to try suits of a civil ..... it is not suggested that in this litigation the testamentary jurisdiction is or can be invoked, and vet there can be no doubt that this suit is an attempt to evade or annul the adjudication in the testamentary suit, and nothing ..... was a case of contract for sale of jute and the privy council came to the conclusion that a suit could be maintained on the ground that the award was objected to for want of jurisdiction and not for mere misconduct or irregularity. ..... is said to indicate, that the courts shall have jurisdiction to try all suits of a civil nature. .....

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

Court : Kerala

..... the time being in force, to ensure his presence in india for such time as is necessary to enable any criminal or extradition proceeding to be instituted: provided that when a person is taken into custody under this sub-section, it shall be necessary for the central government or any other authority designated by it to notify the government of any convention state or protocol state which have also established jurisdiction over the offence committed or suspected to have been committed by the person in custody. ..... to endanger that fixed platform or the safe navigation of that ship shall be punished with imprisonment for a term which may extend to fourteen years; (e) destroys or damages maritime navigational facilities or interferes with their operation if such act is likely to endanger the safe navigation of a ship shall be punished with imprisonment for a term which may extend to fourteen years; (f) communicates information which he knows to be false thereby endangering the safe navigation of a ship shall be punished .....