Example sentences of "be held that the " in BNC.
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| 1 | As for the costs in the Factortame case ( Case C 221/89 ) , it should be held that the costs incurred by the Kingdom of Belgium , the Commission of the European Communities , the Federal Republic of Germany , the Kingdom of Spain , the Hellenic Republic , the Kingdom of Denmark , Ireland and the United Kingdom , which have submitted observations to the court , are not recoverable . |
| 2 | In practice , this means that censure motions are possible and questions can be tabled on the general issues where it could be held that the minister ought to have issued a directive . |
| 3 | If an order is then placed , it may be held that the resulting contract incorporates the terms from the catalogue ( etc ) by reference ( see Snow v Woodcroft [ 1985 ] BCLC 52 ) . |
| 4 | Dollard et al. ( 1969 ) are generally credited with the formulation of the ‘ frustration-aggression hypothesis ’ whereby it is held that the obstruction of goal-oriented behaviour leads necessarily to aggression . |
| 5 | Classically it is held that the female optimum depends on how size increases fecundity , whereas the male optimum depends on how size increases mating success . |
| 6 | It is held that the market for corporate control in particular enables shareholders to set strict performance standards on management , not , in the terms of Hirschmann 's much-quoted distinction , through ‘ voice ’ ( through the company 's internal control mechanisms ) , but through ‘ exit ’ ( selling their shares ’ ) . |
| 7 | ( p944 ) His Lordship specifically rejected the argument that drivability was the sole test of merchantability and overturned the decision at first instance ( [ 1987 ] 2 WLR 353 ) where it is held that the vehicle was merchantable as its defects did not destroy " the workable character " of the machine . |
| 8 | But in an earlier case , he said , it had been held that the authority of the stewards of the National Greyhound Racing Club to suspend a trainer 's licence was derived solely from a contract between him and the club and that the stewards were purely a domestic tribunal . |
| 9 | The House of Lords has declined to narrow this requirement by demanding that D recognized the risk , and it has also been held that the dangerousness should be judged on the actual circumstances , ignoring D 's mistaken belief about the facts . |
| 10 | Sexual intercourse is defined as the penetration of the penis into the vagina : ejaculation is not required , and the offence is committed as soon as penetration takes place , although it has been held that the offence continues throughout penetration ( so that if the woman revokes her consent during intercourse and the man fails to withdraw , he commits rape ) . |
| 11 | The limited ‘ defence ’ of mistake about the girl 's age , available to young men under 24 , was explained above , and the reason for creating such a limited ‘ defence ’ is that in general it has been held that the crime does not require any fault element as regards the girl 's age . |
| 12 | In the context of employment , where the Act refers to dismissal ‘ or other detriment ’ , it has been held that the phrase in quotation marks refers to an act of the same type as dismissal . |
| 13 | In the US it has been held that the Fourth Amendment governs not only the seizure of tangible items , but extends also to the recording of oral statements . |
| 14 | It has been held that the court is able to order a sale of mortgaged property against the lender 's wishes even though the mortgage will not be redeemed by the proceeds , if it would be unfair to the borrowers to postpone a sale ( p 100 ) . |
| 15 | Directors are required to exercise their powers for the proper purpose , ie for the benefit of the company , and it has been held that the power of allotment is given to the directors to get capital for the company . |
| 16 | Again , it has been held that the Prison rules are merely ‘ regulatory ’ and that breach of them can not give rise to a cause of action for damages although it may found an application for judicial review . |
| 17 | On the other hand , it has been held that the power to issue passports can be questioned in a court , unless , for example , the particular case involves matters of national security . |
| 18 | It has long been held that the writs of mandamus and prohibition will go either to compel the visitor to act if he refused to deal with a matter within his jurisdiction or to prohibit him from dealing with a matter that lies without his jurisdiction . |
| 19 | It has long been held that the writs of mandanus and prohibition will go … |
| 20 | It has been held that the owner of a swarm of bees has no right to follow it onto another man 's land , but this is of no general assistance for , once the bees get onto that land they become again ferae naturae and the property of no one . |
| 21 | It has been held that the term relates to being under the influence of intoxicating liquor , and the offence is not capable of commission where the intoxication is induced by a substance other than alcohol , such as a solvent . |
| 22 | In New South Wales and South Australia , Morgan has been adopted and codified , although in Western Australia and Tasmania , it has been held that the defendant 's belief in consent must be reasonable , and this also seems to be the position in Queensland . |
| 23 | Thus it has been held that the display of goods on the shelves of a self-service shop is not an offer , Pharmaceutical Society of Great Britain v. Boots Cash Chemists ( 1952 D.C. ) . |
| 24 | One consequence of the exclusive pursuit of the selfish and self-indulgent ethos of the naked fabliau is that the Shipman 's Tale , unlike the majority of the French fabliaux , contains no concluding moral , ending instead on the selfish prayer : The failure of a moral to appear here is emphasized by the fact that the Host immediately tries to draw a moral from the tale — an appropriately pragmatic one : It could and has been held that the Shipman 's Tale is thereby amoral . |
| 25 | For example , the rule which automatically renders transactions carried out by company directors in breach of the prohibition on self-dealing voidable can be modified , but it has been held that the director must still act in the best interests of the company . |
| 26 | Nevertheless , it has been held that the initial approval of the company is required to the proposed scheme and that the court has no jurisdiction to sanction a scheme without that approval , which may be given either by the board of directors or by the company by an ordinary resolution in general meeting ( Re Savoy Hotel Limited [ 1981 ] 3 All ER 646 ) . |
| 27 | In both these cases it was held that the alternative of a manslaughter verdict ought to be left to the jury where the occasion justifies action in self-defence , or to prevent a crime , or to apprehend an offender , but where the defendant acts beyond the necessity of that occasion . |
| 28 | In N.C.B. v Thorne it was held that the word ‘ nuisance ’ in s.92(1) ( a ) of the Public Health Act 1936 must mean either a public or private nuisance as understood at common law . |
| 29 | It was held that the words , ‘ like proceedings shall be had ’ , should be construed to give any person aggrieved the right to apply by way of information and summons for the penal orders available under s.94 of the 1936 Act . |
| 30 | It was commonly held that the first lord to whom he had sworn fealty had the first call on his service ; but in some cases it was held that the richest fief gave the vassal his strongest obligation ; or again , that it depended on the circumstances , on which lord had the greatest need — a lord must be helped if he was fighting in self-defence , but his claim was less if he was fighting in someone else 's defence ; or the vassal might be expected to fight on both sides , that is to say , to provide troops for both armies . |