Element - Judgment Search Results

Mcmillan Vs. Pennsylvania

Court: US Supreme Court

..... limited circumstances winship s reasonable doubt requirement applies to facts not formally identified as elements of the offense charged petitioners argue that pennsylvania has gone beyond those limits and ..... substantive offense petitioners claim that visible possession under the pennsylvania statute is really an element of the offenses for which they are being punished that pennsylvania has in effect .....

Accurate Engineering Co. and ors. Vs. Collector of Central Excise and

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1986)(8)ECC1

..... diameter needle roller bearing is defined as a bearing having a full complement of rolling elements generally long in relation to their diameter and roller guidance attained only by circumferential clearance ..... discussion we hold that the subject needle cage assemblies consisting of needle cages with rolling elements do not constitute rolling bearings as envisaged in item 49 cet therefore they must be .....

Peerless General Finance and Investment Co. Ltd. and anr. Vs. Union of ...

Court: Kolkata

Reported in: [1987]61CompCas628(Cal),91CWN596

..... that it covers miscellaneous non banking companies conducting savings schemes with or without prize element previously regulated by the statutory directions of the reserve bank of 1973 and 1977 ..... lending institutions those were distinguished from other investment or financial institutions and the prize element was found to be an essential characteristic 25 immediately following the said report the .....

Rose Vs. Clark

Court: US Supreme Court

..... the majority footnote 3 2 under sandstrom both mandatory conclusive presumptions which remove the presumed element from the case once the state has proved the predicate fact and mandatory rebuttable ..... presumptions which require the jury to find the presumed element unless the defendant rebuts the presumption are unconstitutional see sandstrom v montana 442 u .....

Merrell Dow Pharmaceuticals Vs. Thompson

Court: US Supreme Court

..... is tantamount to a congressional conclusion that a claimed violation of the statute as an element of a state cause of action is insufficiently substantial to confer federal question jurisdiction the ..... a congressional conclusion that the presence of a claimed violation of the statute as an element of a state cause of action is insufficiently substantial to confer federal question jurisdiction footnote .....

Thornburg Vs. Gingles

Court: US Supreme Court

..... clearly been denied an opportunity to elect representatives of their choice from establishing a critical element of a vote dilution claim in amending 2 congress rejected the requirement announced by this ..... wit undiluted minority voting strength means the maximum feasible minority voting strength in explaining the elements of a vote dilution claim the court first states that the minority group must be .....

Carbon Industries (P) Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1986)(26)ELT961TriDel

..... an appeal before us 2 briefly the facts are that the appellants manufacture carbon element and zinc element falling under tariff item 68 the appellants applied for permission to avail of proforma ..... a c jain learned advocate for the appellants has submitted before us that carbon elements and zinc elements must after manufacture be securely packed in order to preserve the cell components and .....

Celotex Corp. Vs. Catrett

Court: US Supreme Court

..... fact since a complete failure of proof concerning an essential element of the nonmoving party s case necessarily renders all other ..... fact since a complete failure of proof concerning an essential element of the nonmoving party s case necessarily renders all other ..... moving party may submit affirmative evidence that negates an essential element of the nonmoving party s claim second the moving party .....

Paisa Fund Glass Works Vs. Collector of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1989)(44)ELT683TriDel

..... and veins and have refractive indices and dispersive powers unusual in other glasses the optical elements of this heading lenses prisms etc are made from optical glass either by cutting from ..... the eyeball fall within heading 90 01 provided that they are optically worked unmounted optical elements including contact lenses made of artificial plastic materials are classified in heading 90 01 whether .....

Arcara Vs. Cloud Books, Inc.

Court: US Supreme Court

..... nonexpressive activity and the sexual activities carried on in this case manifest absolutely no element of protected expression the closure statute is directed at unlawful conduct having nothing to ..... page 478 u s 703 a sufficiently important governmental interest in regulating the nonspeech element can justify incidental limitations on first amendment freedoms to characterize the quality of the .....