Determinative - Judgment Search Results

Gasperini Vs. Center for Humanities, Inc.

Court: US Supreme Court

..... significant earnings from photographic endeavors or concrete plans to publish a book the court further determined any damage award above 100 each for the remaining slides would be excessive remittiturs ..... reserved to the jury 465 compliance with the instructions a tighter standard for reviewing jury determinations can no more plausibly be called a substantive disposition than can a tighter appellate .....

Lewis Vs. United States

Court: US Supreme Court

..... single prosecution the sixth amendment requires that the aggregate potential penalty be the basis for determining whether a jury trial is required 327 although each offense charged here was petty petitioner ..... and the trial judge not only imposed a separate sentence for each contempt but also determined that the individual sentences were to run consecutively rather than concurrently a ruling which .....

In Re: Advance Ruling P. No. 10 of

Court: Authority for Advance Rulings

Reported in: (1997)224ITR473AAR

..... of income will be proportionate to the contributions 58 the dr next objected that the determination of the shares of the contributors becomes indeterminate because the trustees have been empowered ..... to deduct in computing the net profits capital expenditures as the investment manager shall reasonably determine also renders the share income indeterminate the ar contended that this clause does not .....

Baleswar Singh Vs. Comminisioners for the Port of Calcutta and ors.

Court: Kolkata

Reported in: (1968)ILLJ314Cal

..... satisfy the requited test it is not enough that it should have legal authority to determine questions affecting the rights of subjects there must be superadded to that characteristic the further ..... case namely where the question affecting the rights of an individual has necessarily to be determined objectively on the other hand this very decision would suggest when read with the observations .....

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court: Kolkata

Reported in: (1996)2CALLT183(HC),100CWN900

..... act clearly shows that the revenue authorities have not been vested with the power to determine finally the preliminary facts on which further exercise of their jurisdiction depends yet it is ..... protection of article 31b ipso facto those laws shall have to be examined individually for determining whether the constitutional amendments by which they were put in the ninth schedule damage or .....

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court: Supreme Court of India

Reported in: 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

..... behalf and provides further that all questions about the said right a liability shall be determined by the tribunal so constituted it becomes pertinent to enquire whether remedies normally associated ..... all collections thereof made earlier the declaration regarding the invalidity of a provision and the determination of the relief that should be granted in consequence thereof are two different things .....

Varity Corp. Vs. Howe

Court: US Supreme Court

..... entire story after all erisa s standards and procedural protections partly reflect a congressional determination that the common law of trusts did not offer completely satisfactory protection see erisa ..... that a plan participant s subjective understanding of the employers conduct is relevant in determining whether an employer s actions qualify as plan administration under erisa the majority concludes .....

Ornelas Vs. United States

Court: US Supreme Court

..... circuit uses the term clear error to denote the deferential standard applied when reviewing determinations of reasonable suspicion or probable cause we think the preferable term is abuse of ..... the seventh circuit might consider inter alia the following 704 factors relevant to its determination whether there was probable cause to conduct a warrantless search and reasonable suspicion justifying .....

Koon Vs. United States

Court: US Supreme Court

..... district courts have an institutional advantage over appellate courts in making these sorts of determinations especially given that they see so many more guidelines cases such considerations require ..... due to petitioners exceptional susceptibility to abuse in prison is just the sort of determination that must be accorded deference on appeal moreover although consideration of petitioners successive .....

United States Vs. Ursery

Court: US Supreme Court

..... a categorical approach that contrasted sharply with halper s case specific approach to determining whether a civil penalty constitutes punishment ultimately we concluded that forfeiture under 881 ..... nonpunitive purposes served by a particular civil forfeiture hence it is practically difficult to determine whether a particular forfeiture bears no rational relationship to the nonpunitive purposes of .....