Element - Judgment Search Results

Sandstrom Vs. Montana

Court: US Supreme Court

..... either interpretation would have violated the fourteenth amendment s requirement that the state prove every element of a criminal offense beyond a reasonable doubt the instruction is unconstitutional pp 442 ..... considerably greater than some evidence thus effectively shifting the burden of persuasion on the element of intent numerous federal and state courts have warned that instructions of the type .....

Jackson Vs. Virginia

Court: US Supreme Court

..... aside the conviction on the ground that there was insufficient evidence of premeditation a necessary element of first degree murder were denied he then brought a habeas corpus proceeding in federal district ..... quite to the contrary the standard must be applied with explicit reference to the substantive elements of the criminal offense as defined by state law whether the state could constitutionally .....

Kewal Krishan Puri and ors. Vs. State of Punjab and anr.

Court: Supreme Court of India

Reported in: AIR1980SC1008; (1980)1SCC416; [1979]3SCR1217

..... said class by developing the notified mineral area there is an element of quid pro quo in the scheme the cess collected is ..... are generally speaking 6n some different footing there is a substantial element of regulatory measure involved in them over and above that a ..... however remote the service may be cannot strictly speaking satisfy the element of quid pro quo required to be established in cases of .....

County Court of Ulster County Vs. Allen

Court: US Supreme Court

..... but does not require the trier of fact to infer the elemental fact from proof by the prosecutor of the basic one and ..... on the strength of the connection between the particular basic and elemental facts involved and on the degree to which the device curtails ..... jury could have found direct proof of all of the necessary elements of the offense without recourse to the presumption but he deemed .....

Herber Vs. Lando

Court: US Supreme Court

..... process to prove the necessary awareness of probable falsehood and if indirect proof of this element does not stifle truthful publication and is consistent with the first amendment as respondents seem ..... recover from a publisher for a defamatory statement upon convincingly clear proof of the following elements 1 the statement was published by the defendant 2 the statement defamed the plaintiff 3 .....

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court: Supreme Court of India

Reported in: (1982)3SCC24; 19831SCR145;

..... also adopted preventive detention to prevent the greater evil of elements imperilling the security the safety of a state and the ..... is not sustainable on merits innately it has no reformative element it has been proved that death penalty as operative carries ..... exclusively by legal principles and we refuse to admit the subjective element in judicial decision making but that myth now stands exploded .....

Group Life and Health Ins. Co. Vs. Royal Drug Co., Inc.

Court: US Supreme Court

..... legally binding arrangement by another even the most loosely stated conceptions of insurance require these elements hazard is essential and equally so a shifting of its incidence although group health ..... finally congress because of the commerce problem could not otherwise regulate insurance none of these elements survived the decision in south eastern and none was revived by mccarran ferguson these .....

Chhotey Lal Pandey and ors. Vs. State of Uttar Pradesh and anr.

Court: Allahabad

Reported in: AIR1979All135

..... that persons detained for political reasons alone would qualify and not the anti social elements learned counsel for the petitioners however contended that mere mention of this qualification in ..... to secretaries to select candidates keeping in view the policy of adequate representation of such elements as were not adequately represented in the services was not aprovision reserving appointments or .....

Teamsters Vs. Daniel

Court: US Supreme Court

..... of an investment contract with respect to the investment of money element in such a pension plan the purported investment is a ..... the future and with respect to the expectation of profits element while the pension fund depends to some extent on earnings ..... nonsecurity aspects the interest obtained had to a very substantial degree elements of investment contracts variable annuity life ins co supra at .....

indo-national Limited and Vs. Union of India (Uoi) and

Court: Andhra Pradesh

Reported in: 1979(4)ELT334(AP)

..... in respect of such goods sold or contracted for sale the elements of post manufacturing cost and the post manufacturing profit arising ..... price it would load the price with the post manufacturing element namely selling cost and selling profit of the wholesale dealer ..... first sale to the first wholesale dealer there is an element other than that of manufacturing cost and manufacturing profit and .....