Assumption - Judgment Search Results

Eldred Vs. Ashcroft

Court: US Supreme Court

..... is to make the copyright term virtually perpetual post at 243 relying on formulas and assumptions provided in an amicus brief supporting petitioners he stresses that the ctea creates a ..... a windfall solely based on completed creative activity indeed congress has apparently indulged in those assumptions for under the series of extensions to copyrights with the exception of works which required .....

Mickens Vs. Taylor

Court: US Supreme Court

..... must be shown the case was presented and argued on the assumption that absent some exception for failure to inquire sullivan would be ..... a showing of probable effect upon the outcome of trial that assumption was not unreasonable in light of the holdings of courts of ..... proceedings below the fines were so high that the original sentencing assumption must have been that the store and theater owner would pay .....

Punjab Fibres Ltd. Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)(141)ELT819TriDel

..... removal of the goods by the assessee this burden cannot be discharged only by raising assumptions and presumptions from the stray pieces of evidence collected by the excise department this burden ..... pursuance thereof for clandestine manufacture and removal of the goods could not be based on assumptions and presumptions the allegations of clandestine production and removal of the goods have to be .....

Lumax Indus. Ltd. Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)(144)ELT395TriDel

..... production or by way of clearance of scrap items the mere assumption in the impugned order that the defects are irrepairable is without ..... newly manufactured goods in the garb of the repaired goods that this assumption would lead to a situation as if the facility is not ..... defects like bulb not glowing or loose connection is based on assumption and not on the basis of any evidence non filling the .....

United States Vs. Fior D'italia, Inc.

Court: US Supreme Court

..... and 14 29 in 1992 is probably not those percentages are based on two further assumptions that patrons who pay with credit cards tip at the same rate as patrons who ..... 259 indeed even if the employer seeing a disparity paid extra fica taxes on the assumption that the employees had underreported tips the extra payment would be treated as an overpayment .....

M. Anantha Mugeraya Vs. Karnataka Land Army Corporation, Bangalore and ...

Court: Karnataka

Reported in: ILR2002KAR3539; 2002(4)KarLJ309

..... rates done of different years and expenditure arrived whereas in assumption only 4 categories mentioned the estimate of probable trees was ..... enquiry officer on his behalf but the enquiry officer on assumptions and presumptions and basing on his personal knowledge finds petitioner ..... no evidence whatsoever or if it is based on mere assumptions and presumptions and based on personal knowledge of the .....

Haryana Organics (a Unit of Globus Agromics Limited) Vs. the State of ...

Court: Punjab and Haryana

Reported in: (2003)133PLR265; [2003]132STC397(P& H)

..... the deficiencies in a provision by interpreting it on equitable considerations or on presumptions or assumptions 35 i have considered the rival contentions and have perused the authorities cited before me ..... measures the courts can not give it an interpretation on equitable considerations or presumptions or assumptions in order to make up the deficiencies therein to overcome such difficulty it is also .....

Commissioner of Income-tax Vs. Mahavir Plantations (P.) Ltd.

Court: Kerala

Reported in: [2003]260ITR233(Ker)

..... observed by the high court if the tribunal proceeds upon an assumption which is erroneous in law and refers a question to the ..... by the terms of the question referred and cannot correct the erroneous assumption of law underlying the question if such power is not conceded ..... that the revenue was also a party to the said erroneous assumption before the tribunal cannot stand in the way of the revenue .....

Kothari Synthetic Indus. Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)(141)ELT558TriDel

..... the clandestine removal of the processed fabrics has been concluded only on the basis of assumptions and presumptions even the receipt of printing chemicals and other raw materials by the appellants ..... although actual delivery was taken by the firms companies whose names were entered therein the assumptions and presumptions as taken by the adjudicating authority could not be legally drawn against the .....

Cit Vs. Mahavir Plantations (P) Ltd.

Court: Kerala

Reported in: (2002)178CTR(Ker)158

..... by the terms of the question referred and cannot correct the erroneous assumption of law underlying the question if such power is not conceded ..... fact that the revenue was also a party to the said erroneous assumption before the tribunal cannot stand in the way of the revenue ..... the high court cannot be called upon to act on the assumption that it is not so chargeable and answer the question stated .....