Element - Judgment Search Results

S.P. Gupta Vs. President of India and ors.

Court: Supreme Court of India

Reported in: AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... institutions 332 dr singhvi submitted that independence of judiciary comprises two fundamental and indispensable elements viz 1 independence of judiciary as an organ and as one of the three ..... involving an unjustified departure from the well recognized and established practice it introduces an element of insecurity of tenure having serious repercussions on the independence of judiciary and also .....

Basi Singh Vs. State of Assam and ors.

Court: Guwahati

..... states uplass and formed the same at gauhati with the extremists elements of the seven eastern states with the object of liberating ..... to achieve that object formed a party of the extremists elements of the seven north eastern states for liberating the entire ..... house the said nilkanta established contact with some named extremists elements of gauhati and its suburb through the petitioner the detenu .....

Diamond Vs. Diehr

Court: US Supreme Court

..... novelty of the combination they represented invention was recognized because laitram s assignors combined ordinary elements in an extraordinary way a novel union of old means was designed to achieve new ..... resided solely in a step of the process embodying a mental operation or other unpatentable element the claim was rejected under 101 as being directed to nonstatutory subject matter see blumenthal .....

Mcelroy Vs. Holloway

Court: US Supreme Court

..... that state legislatures and state courts not federal judges define the elements of a state criminal offense id at 691 the court of ..... s 1028 1029 appeals for the fifth circuit to define the elements of the crime of voluntary manslaughter under georgia law i would ..... was that the killing be unlawful and self defense negates that element requiring the defendant to prove that he acted in self defense .....

Commissioner of Income-tax, Patiala Vs. Patram Dass Raja Ram Beri

Court: Punjab and Haryana

Reported in: AIR1982P& H1

..... these are neither crimes stricto sensu nor has the legislature chosen to prescribe any mental element either identical or analogous to wilfulness in those provisions the word wilfulness or anything equivalent ..... it is obvious that concealment or deliberate furnishing of wrong particulars has a clear mental element which is laid down in the statute itself one cannot conceal something unconsciously and .....

Southern Pharmaceuticals and Chemicals, Trichur and ors. Vs. State of ...

Court: Supreme Court of India

Reported in: AIR1981SC1863; 1981(3)SCALE1376; (1981)4SCC391; [1982]1SCR519

..... to take into account the total requirements within the state as an element which should enter the assessment and no more as a necessary corollary ..... benefit upon any particular individual there is as it is said no element of quid pro quo between the tax payer and the public ..... be credited to the consolidated fund it may be mentioned that the element of quid pro quo is not necessarily absent in every tax .....

Northwest Airlines, Inc. Vs. Transport Workers

Court: US Supreme Court

..... found that the allegations of the complaint satisfied the two principal elements of a common law right to contribution 1 common liability ..... 19 in this case we assume that all of the elements of a typical contribution claim are established this means that ..... implied remedy however is relevant primarily to the question whether the elements of a contribution claim have been established if no right .....

Commissioner of Wealth-tax, Tamil Nadu-i Vs. Satish

Court: Chennai

Reported in: (1982)31CTR(Mad)46; [1982]133ITR834(Mad)

..... any kind so inextricably mixed are the two elements the element of debt or obligation and the element of transfer of interest in the property the ..... t act we think it would be necessary to keep the two elements in a mortgage distinct for net wealth is the end result of ..... way of the reckoning a mortgaged property as made up of two elements both of which are components of the assessee s net wealth under .....

Lassiter Vs. Department of Social Svcs.

Court: US Supreme Court

..... physical liberty it is against this presumption that all the other elements in the due process decision must be measured b the ..... procedures used will lead to erroneous decisions we must balance these elements against each other and then set their net weight in the ..... case at hand instead after addressing the three factors as generic elements in the context raised by the particular case the court then .....

Ralston Vs. Robinson

Court: US Supreme Court

..... the offender has received a consecutive adult term first the yca prescribes certain basic elements of treatment segregation from adults and individualized rehabilitative programs as part of a yca ..... a sentencing judge rather than the bureau of prisons to evaluate whether the basic elements of treatment segregation from adults and individualized programs are appropriate and consistent with yca .....