Example sentences of "held [that] where " in BNC.
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| 1 | It has been held that where more than one assessment was raised under different statutory provisions in respect of the same amount then , provided these were clearly alternative assessments , they were not void . |
| 2 | It has also been held that where the right which the applicant seeks to protect by action in a court was created by the same statute as provided the ( alternative ) remedy for its protection , the statutory remedy is the only one available . |
| 3 | Hyatt , a Canadian case which was decided by the Privy Council , it was held that where a director holds himself out to be the agent of the shareholders , then he owes the same fiduciary duties as would an ordinary agent to his principal . |
| 4 | Where the defendant is in possession of the plaintiff 's goods there is no doubt that an unjustified refusal to return them generally constitutes conversion but it has been held that where the plaintiff has possession there is no conversion if the defendant simply refuses to allow the plaintiff to remove them . |
| 5 | For a detailed criticism of this rule and the problems which it causes , when there is material conflict in the averments made by an appellant and the licensing board , see Tennent Caledonian Breweries Ltd. v. City of Aberdeen District Licensing Board , cit. , where it was held that in the case of a conflict of averments , the court could not go behind what appeared in the board 's pleadings. ( 6 ) In Jack v. Edinburgh Corporation , 1973 S.L.T. ( Sh.Ct. ) 64 , it was held that where an appeal was considered in circumstances substantially different from those considered by the licensing authority , the proper course was to remit back to the authority for reconsideration . |
| 6 | Thus , in Hanson v. Church Commissioners it was held that where the matter was one in which there was a wider public interest it may not be possible for one party to withdraw without the assent of the other once the proceedings were begun . |
| 7 | In Case 73/84 Denkavit Futtermittel , it was held that where directives regulated the composition and preparation of animal foodstuffs , but did not regulate health inspections of those products , Member States could still justify national health inspections under Article 36 . |
| 8 | Where there is no trust beneficiary who has a beneficial interest in possession in the property , of course , some other way of fixing the rate has to be found ; and in the case of Gartside v IRC ( 1968 ) AC 553 the House of Lords has held that where there was a discretionary trust with a power to accumulate income , the interest of the group of beneficiaries did not constitute an ‘ interest in possession ’ for the purposes of estate duty . |
| 9 | On appeal to the Patents Court , it was held that where an invention involves any of the excluded materials in section 1(2) , the proper construction of the qualification in that subsection requires that the Patent Office inquires into whether the inventive step resides in the contribution of the excluded matter alone . |
| 10 | It was held that where a hunt entered land after permission to enter had been refused , then the master would be liable if he intended the hounds to enter ; or , if the entry was caused by his failure to exercise proper control over them , when there was a real risk of entry . |
| 11 | It was held that where an absolute owner brings an action for trespass he must prove title and an intention to regain possession . |
| 12 | In d'Abreu ( Arthur ) v IRC [ 1978 ] STC 538 , it was held that where a parent released and assigned a right to income , which she had under a trust , for the benefit of her children , there was a sufficient disposition to come within s663 . |
| 13 | However , in other cases the courts have held that where a clause requiring best endeavours appears with an exclusion or force majeure clause , it qualifies the latter , so that the contractor can only rely on the exclusion or force majeure clause if it can establish that it used best endeavours ( see Yates and Hawkins , Standard Business Contracts : Exclusions and Related Devices , p165 ) . |
| 14 | Indeed in Moralice ( London ) Ltd v ED and F Man [ 1954 ] 2 Lloyds Rep 526 , it was held that where the price is payable by means of a bankers ' commercial credit against the shipping documents , the maxim de minimis has no application as between the seller and the bank . |