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Commissioner of Central Excise Vs. Modison Metals Pvt. Limited

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2000)(68)ECC84

..... " he submits that description of the goods under heading 8535 is for the "electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, lightening arresters, voltage limiters, surge suppressors, plugs, junction boxes), for a voltage exceeding 1,000 volts. ..... " he submits that chapter heading 85.36 reads "electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction boxes), for a voltage not exceeding 1,000 volts. ..... in the present case, the parts are specific meant for electrical apparatus protecting electrical circuits or for making connections. ..... these items are not complete apparatus but only the parts for protecting, checking circuits or for making connections. ..... the technical literature and write up show that these are parts for switching or protecting electrical circuits or for making connections. .....

Butner Vs. United States

Court : US Supreme Court

..... judges who deal regularly with questions of state law in their respective districts and circuits are a better position than we to determine how local courts would dispose of comparable ..... 48 certiorari to the united states court of appeals for the fourth circuit syllabus in chapter xi arrangement proceedings under the bankruptcy act, petitioner acquired a second mortgage on certain north carolina real estate to secure a $360,000 indebtedness but received no express security interest in the rents ..... weinstein, 119 f.2d 120, 122 (ca8 1941) ("in this circuit, the law is settled that the construction of mortgages is governed by local state law"); in ..... in support of their rule, the third and seventh circuits have emphasized that, while the mortgagee may pursue various state law remedies prior to bankruptcy, the adjudication leaves the mortgagee "only such remedies as may be found in a court of bankruptcy in the equitable ..... , 99 f.2d 642, 645 (ca3 1938): "it is settled in this circuit that, in a bankruptcy proceeding, a mortgage creditor is entitled without prior demand to the net income of the mortgaged property from the date of adjudication if it is needed to pay the amount due him ..... the rule of the third and seventh circuits, at least in some circumstances, affords the mortgagee rights that are not his as a matter ..... the third and seventh circuits have adopted a federal rule of equity that affords the mortgagee a secured interest in the rents even if state law would not recognize any such .....

Vikas Engineering Associates Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)(78)ELT219TriDel

..... if bus bars, (which are a heavy rigid metallic conductor used to carry a large current or to make a common connection between several circuits), are alone presented for assessment then, if they are insulated, they could fall under sub-heading no. ..... 8536.00 which covered the goods "for making connections to or in electrical circuits", and submitted that the goods were rightly classifiable under sub-heading no. ..... that the appellant company is also engaged in the manufacture of cubicle switch boards incorporating air-circuit breakers, switch fuse units and combination fuse switches. ..... they have mentioned that the product in question is also captively consumed in the manufacture of cubicle switch boards incorporating air circuit breakers, switch, fuse units-and combination fuse switches. ..... bus duct manufactured by c & s is in the form of a cabinet and is equipped with the electrical apparatus for making connections in electrical circuits and for the distribution of electricity. ..... may also refer to the hsn explanatory notes wherein the apparatus for making connections to or in electrical circuits has been described as under :- this apparatus is used to connect together the various parts of an electrical circuit. ..... each cubicle/ housing consisting bus bar is an electrical apparatus for making connections to or in electrical circuits. ..... painting or sleeving provided on the bus bars are only to identify the individual phase and neutrals so that proper connections can be given in electrical circuit. 4. .....

Collector of Customs Vs. Anant Engineering Works

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(103)ELT587TriDel

..... the apparatus for switching electrical circuits also as per the explanatory notes consisted essential of devices for making or breaking one or more circuits in which they are connected or for switching from one circuit to another. ..... 85.36 is for making connections to or in electrical circuits we consider that the classification under sub-heading no. ..... 85.36 covers electrical circuits or for making connections to or in electrical circuits. ..... the heading no.8302.60 was changed at the stage of the assessment to sub-heading no.8536.50 of the customs tariff which covered electrical apparatus for switching or protecting electrical circuits or for making connections to or in electrical circuits. ..... as per the explanatory notes to hsn at page 1390 the apparatus under heading no.85.36 was usale (sic) to connect together the various parts of an electrical circuit. .....

In Re Neagle

Court : US Supreme Court

..... and must, by the very terms of the constitution, make all laws proper for carrying into execution all the powers of any department of the government, and if it can create the circuit court, expand its powers, abridge them, and abolish the court at will, how can it be that that court, at the least, shall have any implied powers derived from the constitution ..... supposed that any special act of congress exists which authorizes the marshals or deputy marshal of the united states, in express terms, to accompany the judges of the supreme court through their circuits and act as a bodyguard to them, to defend them against malicious assaults against their persons; that, in the view taken of the constitution of the united states, any obligation fairly and ..... the united states within california; that the assault upon him grew out of the animosity of terry and wife, arising out of the previous discharge of his duty as circuit justice in the case for which they were committed for contempt of court, and that the deputy marshal of the united states, who killed terry in defence of field's ..... the history of the incidents which led to the tragic event of the killing of terry by the prisoner neagle had its origin in a suit brought by william sharon of nevada, in the circuit court of the united states for the district of california, against sarah althea hill, alleged to be a citizen of california, for the purpose of obtaining a decree adjudging a certain instrument in writing, possessed and exhibited by .....

Sorenson Vs. Secretary of Treasury

Court : US Supreme Court

..... 464 and 6402(c) were enacted simultaneously as part of obra, petitioner and the two circuits believe that 6402(c) should be harmonized with 464, rather than with 6401(b) and 6402 ..... 851 certiorari to the united states court of appeals for the ninth circuit syllabus the internal revenue code (irc) allows an individual responsible for the support of a child living with him a credit against income taxes due equal to a certain percentage of so much of earned income as does not ..... case, the united states court of appeals for the ninth circuit ruled that payments involving earned-income credits could be intercepted. ..... [ footnote 7 ] what petitioner and the second and tenth circuits are really claiming is that the intercept law should be read narrowly to avoid frustrating the goals of the earned-income ..... of congress' decision to direct the interception of any overpayment otherwise refundable to a taxpayer, the ninth circuit correctly refused to "speculate that congress intended otherwise. ..... second, petitioner and the second and tenth circuits perceive a tension between 6401(b)'s and 6402(a)'s treatment of excess earned-income credits and 464(a)'s treatment of ..... in 6402(c) on which petitioner and the second and tenth circuits relied is virtually identical to the phrase used in 6402(a). ..... and the second and tenth circuits recast their page 475 u. ..... the ninth circuit correctly held that, to the extent an excess earned-income credit is "payable" to an individual, it is payable as if it were a refund of .....

The Telephone Cases

Court : US Supreme Court

..... the object of the invention thus: "the objects of my invention are to cut off the disturbance arising from earth-currents, to obtain a high speed of signaling through long circuits, and, should the conductor become partially exposed, to preserve it from being eaten away by electrolytic action," and made the following claims: "having now described my invention, and ..... produced before the mouthpieces, their vibrations will put in motion the membrane and the angular little hammer [ winkelfoermige haemmerchen ] which lies on it; for every full vibration, the circuit is once opened and again closed [ einmal geofnet and wieder geschlossen ], and thereby are produced at station c in the core of the coil, just the same number ..... the original one, for in proportion as this is more intense, the motions of the membrane are greater; the motions of the hammer, also, and finally the time during which the circuit remains opened, is greater, and consequently, up to a certain limit, the motions of the atoms in the reproducing wire are greater, we perceiving them as greater vibrations in just the ..... syllabus it appears from the proof in these causes that alexander graham bell was the first discoverer of the art or process of transferring to, or impressing upon, a continuous current of electricity in a closed circuit, by gradually changing its intensity, the vibrations of air produced by the human voice in articulate speech in a way to cause the speech to be carried to and received by a listener at a .....

Mathews Vs. United States

Court : US Supreme Court

..... 58 certiorari to the united states court of appeals for the seventh circuit syllabus petitioner, an employee of the small business administration (sba), was the principal sba contact for james deshazer, the president of a company that participated in an sba program. ..... the united states court of appeals for the seventh circuit affirmed the district court's refusal to allow petitioner to argue entrapment: "when a defendant pleads entrapment, he is asserting that, although he had criminal intent, it was 'the government's deception [that implanted] the criminal design in the mind of ..... the united states court of appeals for the seventh circuit upheld the ruling of the district court, which had refused to instruct the jury as to entrapment because petitioner would not admit committing all of the elements of the crime of accepting a bribe ..... henry, 749 f.2d 203 (ca5 1984) (en banc); two circuits have ruled that a defendant is entitled to an entrapment instruction even if he testifies and denies all elements of the offense ..... we note also that, even within the circuits, the decisions have been contradictory and inconsistent. ..... as the court recognizes, only two circuits have held, as the court does today, that a criminal defendant may deny committing the elements of a crime and then contend that the government entrapped him into the offense ..... the remaining circuits are far more restrained in their allowance of such inconsistent defenses, divided along the lines the majority discusses in its opinion .....

Evans Vs. United States

Court : US Supreme Court

..... (emphasis in original).l this statement of the law by the court of appeals for the eleventh circuit is consistent with holdings in eight other 1 the court of appeals explained its conclusion as follows: "[t]he requirement of inducement is automatically satisfied by the power connected ..... , 1166 (ca9 1988) (en banc) ("we find ourselves in accord with the second circuit's conclusion that inducement is an element required for conviction under the hobbs act"). ..... we agree with the court of appeals for the eleventh circuit that it is not, and therefore affirm the judgment ..... position of the second and ninth circuits (both en banc) is far more thoughtfully reasoned than the position of the majority of circuits, which have followed the third circuit's lead in united states v ..... that expansion was born of a single sentence in a third circuit opinion: "[the 'under color of official right' language in the hobbs act] repeats the common law definition of extortion, a crime which could only be committed by a public official, and which did not ..... 951 (1991), to resolve a conflict in the circuits over the question whether an affirmative act of inducement by a public official, such as a demand, is an element of the offense of extortion "under color of official right" prohibited by the hobbs act, ..... in short order, most other circuits followed kenny's lead and upheld, based on a bribery rationale, the hobbs act extortion convictions of an astonishing variety of state and local officials, from a state governor .....

Automobile Workers Vs. Johnson Controls

Court : US Supreme Court

..... applying a three-part business necessity defense derived from fetal-protection cases in the courts of appeals for the fourth and eleventh circuits, the district court concluded that, while "there is a disagreement among the experts regarding the effect of lead on the fetus," the hazard to the fetus through exposure to lead was established by "a considerable body of opinion"; ..... the latter court held that the proper standard for evaluating the policy was the business necessity inquiry applied by other circuits; that respondent was entitled to summary judgment because petitioners had failed to satisfy their burden of persuasion as to each of the elements of the business necessity defense under wards cove packing co. ..... 1055 (1990), to resolve the obvious conflict between the fourth, seventh, and eleventh circuits on this issue, and to address the important and difficult question whether an employer, seeking to protect potential fetuses, may discriminate against women just because of their ability to ..... 1989), the burden of persuasion remained on the plaintiff in challenging a business necessity defense, and -- unlike the fourth and eleventh circuits -- it thus imposed the burden on the plaintiffs for all three steps. ..... 187 certiorari to the united states court of appeals for the seventh circuit syllabus a primary ingredient in respondent's battery manufacturing process is lead, occupational exposure to which entails health risks, including the risk of harm to any fetus carried by a .....