Assumption - Judgment Search Results

Seminole Tribe of FlA. Vs. Florida

Court: US Supreme Court

..... fact that the court characterized the doctrine of sovereign immunity as a presumption confirms its assumption that it could be displaced the hans court s inquiry into congressional intent would have ..... would have extended to any subject comprehended by the general common law madison made this assumption absolutely clear during the subsequent debates over the alien and sedition acts which raised the .....

Missouri Vs. Jenkins

Court: US Supreme Court

..... funding of a quality education program until national norms are met based on the assumption that while a mandate for significant educational improvement both in teaching and in facilities ..... upon questionable social science research rather than constitutional principle but it also rests on an assumption of black inferiority second we have permitted the federal courts to exercise virtually unlimited .....

Hyderabad Bottling Co. (P) Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in: (1996)(83)ELT627Tri(Chennai)

..... the appellants to explain the position rather than going by mere assumptions against the appellants the collector in para 10 of his order ..... himself has stated in his order that there are assumptions we are afraid the assumptions should have been made on some rational basis the ..... following terms it is open to the appellants to rebut these assumptions and produce evidence to that effect if they wish to .....

Adarand Constructors, Inc. Vs. Peandntilde;a

Court: US Supreme Court

..... that i n case after case fifth amendment equal protection problems are discussed on the assumption that fourteenth amendment precedents are controlling karst the fifth amendment s guarantee of equal ..... minority notwithstanding its incidental burden on some members of the majority in my opinion that assumption is untenable there is no moral or constitutional equivalence between a policy that is .....

Commissioner of Income Tax Vs. P. Visalakshi

Court: Chennai

Reported in: (1996)130CTR(Mad)488; [1996]217ITR282(Mad)

..... the point for the purpose of expln 1 that explanation compels the assumption of a fiction that in fact a partition of the property ..... notice shall be deemed not to have been complied with these latter assumptions in regard to the issuance of the notice under s 22 ..... ultimate share of the heirs through all its stages to make the assumption at the initial stage for the limited purpose of ascertaining the .....

M. Padmanabhan Vs. Fifth Wealth-tax Officer

Court: Income Tax Appellate Tribunal ITAT Madras

Reported in: (1995)54ITD701(Mad.)

..... according to the supreme court the said decisions proceeded on the assumption that entry 86 list i covered the wealth tax act ..... to outsiders therefore it is not a saleable asset consequently the assumption of a hypothetical market without anything more cannot convert a non ..... the assessee in view of the foregoing therefore even on the assumption that the potu mirasi right is property within the meaning .....

Empire Stores Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1996)56ITD108(Delhi)

..... assessing officer was prohibited from issuing notice under section 148 as assumption of a valid jurisdiction is a sine qua non for ..... that of provisions of section 147 vesting the ao with the assumption of jurisdiction for reopening of assessment he submitted that unless ..... and accordingly the ao has made out no case for assumption of jurisdiction under the provisions of section 147 justifying issuing .....

Rosenberger Vs. Rector and Visitors of Univ. of VA.

Court: US Supreme Court

..... occurs because the guidelines discriminate against an entire class of viewpoints reflects an insupportable assumption that all debate is bipolar and that antireligious speech is the only response to ..... required public officials to scan and interpret student publications to discern their underlying philosophic assumptions respecting religious theory and belief that course of action was a denial of the .....

Calicut Rubber Company Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1996)(81)ELT320TriDel

..... production on the basis of the rubber and its utilisation on assumption only they stated that they had carried out the work ..... case made out against the appellants is on the basis of assumption and presumption he also submitted that no opportunity was granted ..... procured sulphur from other sources is indeed a finding based on assumption and presumption the available figures of sulphur and all other .....

Morse Vs. Republican Party of VA.

Court: US Supreme Court

..... free expression are violated but because of a judicial prediction or assumption that the statute s very existence may cause others not ..... 2 does so nothing in the text nor anything in the assumption that congress must have addressed political party activity compels the ..... qualifies as state action for constitutional purposes the court s further assumption that the actions of 267 the party in this case .....