Debatable - Judgment Search Results

Miller-el Vs. Cockrell

Court: US Supreme Court

..... application of aedpa to petitioner s constitutional claims and ask whether that resolution was debatable amongst jurists of reason this threshold inquiry does not require full consideration of the ..... for discrimination is an unnecessary determination at this stage but the evidence does make debatable the district court s conclusion that no purposeful discrimination occurred 344 we question the .....

McConnell Vs. Federal Election Comm'n

Court: US Supreme Court

..... aimed at protecting the integrity of the process tangibly benefit public participation in political debate for that reason when reviewing congress decision to enact contribution limits there is no ..... whether speech is protected corporations and other associations like individuals contribute to the discussion debate and the dissemination of information and ideas that the first amendment seeks to foster .....

Nike, Inc. Vs. Kasky

Court: US Supreme Court

..... it does so because those practices themselves play an important role in an existing public debate this debate was one in which participants advocated or opposed public collective action see e g ..... scope of private attorney general actions to circumstances where more purely commercial and less public debate oriented elements predominate as the historical treatment of speech in the labor context shows .....

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court: Supreme Court of India

Reported in: JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

..... intention behind its presence in the constitution 267 external aids such as the constitution assembly debates are an able guide for discerning the meaning behind a particular provision and in ..... affected interstate commerce the subject being regulated was local and not national 277 later the debate moved from here to the test of direct and indirect state regulations affecting interstate commerce .....

D.C.i.T. Vs. Avery Cycle Inds.

Court: Income Tax Appellate Tribunal ITAT Chandigarh

Reported in: (2004)89ITD497(Chd.)

..... on the order of cit a he submitted that this issue was debatable and therefore the same fell outside the scope of prima facie ..... or the same should be debited to p amp l account was debatable and therefore the same fell outside the scope of prima facie ..... bench is whether the issue involved in the case under consideration was debatable or the action of the ao in making impugned adjustment was in .....

Vijay Mallya Vs. Assistant Commissioner of Income Tax

Court: Kolkata

Reported in: (2003)183CTR(Cal)201

..... his contention that section 154 cannot be attracted where there is a debatable question on merit he relied on cit v south india bank ..... there is any scope of forming two opinions or is there any debatable issue or whether the alleged mistake is to be established through ..... there may be conceivably two opinions it requires a decision on a debatable point of law and as such cannot be a mistake apparent .....

Commissioner of Income Tax Vs. Sanjeev Mehrotra

Court: Madhya Pradesh

Reported in: 2003(4)MPHT249

..... of incentive bonus received by lic development officer is a highly debatable issue on which there can reasonably be more than one ..... expressed byvarious high courts but that does not make the issue debatable 6 mr sumit nema learned counsel appearing for the respondent ..... for adjudication is whether the issue before the assessing officer was debatable in nature or whether he could have proceeded to make .....

Branch Vs. Smith

Court: US Supreme Court

..... the language expressly repealing 2a c or the single member district requirement appear rather the debate was confined to the gerrymandering requirement the proportionality rule and the scope and duration of ..... demonstrates that all parties involved were operating under the belief that the changes they were debating would completely replace 2a c justice o connor has provided us with a convincing .....

Commissioner of Income Tax Vs. K.R. Syam Kumar

Court: Kerala

Reported in: (2003)184CTR(Ker)504; [2004]270ITR210(Ker)

..... the assessing authority the tribunal stated that the matter being highly debatable no adjustment could have been made by the ao and therefore ..... below the non taxable limit and held that this is a debatable question and observed that no adjustment could have been made by ..... the finding of the tribunal that the legal issue is a debatable one and the assessment cannot be rectified is that the original .....

Joint Commissioner of Income-tax Vs. Bihar State Credit and Investment

Court: Income Tax Appellate Tribunal ITAT Patna

Reported in: (2004)91ITD136(Pat.)

..... of section 43b were attracted in this case or not was debatable the decisions relied upon by the learned judicial member are applicable ..... the allowability of the claim made by the assessee is itself debatable or is dependent on further enquiry which the assessing officer is ..... claim was apparent from record and free from any doubt or debate similarly in regard to the payment of bonus the claim was .....