Example sentences of "be held [conj] where [art] " in BNC.
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| 1 | 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 . |
| 2 | 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 . |
| 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 | 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 . |
| 5 | 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 . |
| 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 | 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 . |
| 8 | 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 . |
| 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 an absolute owner brings an action for trespass he must prove title and an intention to regain possession . |