Element - Judgment Search Results

Carter Vs. United States

Court: US Supreme Court

..... word w hoever proceeds to describe identically apart from the differing valuation requirements the elements of the offense and concludes by stating the prescribed punishment that these provisions stand ..... carrying away see 4 blackstone 231 but was nevertheless consistently interpreted to encompass an element of asportation the court overlooks completely this feature of the commonlaw terminology i note .....

Apprendi Vs. New Jersey

Court: US Supreme Court

..... limited circumstances winship s reasonabledoubt requirement applies to facts not formally identified as elements of the offense charged mcmillan supra at 86 we have proceeded with caution ..... prevent a legislature with broad authority from transforming jury determined facts that constitute elements of a crime into judgedetermined sentencing factors thereby removing procedural protections that the .....

Three F Filters (P) Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2000)(121)ELT53TriDel

..... the filterates are collected seperately after filteration that the filter elements of the appellants do not perform the said functions and ..... their reply to the show cause notice that the filtering elements manufactured by them are used in their high vacuum oil ..... hsn the assistant commissioner has observed that unless the filter element manufactured by the appellants is fitted in the housing mounted .....

Castillo Vs. United States

Court: US Supreme Court

..... legislative history of the statute favors interpreting 924 c as setting forth sentencing factors not elements it points out that 924 c as originally enacted provided a mandatory minimum prison term ..... firearm types weighs in favor of treating such offense related words as referring to an element thus if after considering traditional interpretive factors we were left genuinely uncertain as to congress .....

Reliance Industries Ltd. Vs. Designated Authority

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2001)(73)ECC762

..... points raised by the appellants counsel regarding non disclosure of all the details about the elements of cost excluded while fixing the non injurious price we directed the representatives of the ..... comprehensive and lucid statement of the basis of computation and the reasons for disallowing the elements not included in the computation of non injurious price would remove room for mis understanding .....

Leeds Kem Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2001)(134)ELT294TriDel

..... such or as transformed by chemical or enzymatic reactions in plants nutrients include numerous mineral elements as well as nitrogen carbon dioxide and water the assessees submission which has not been ..... plants even according to ld dr the product contains iron copper and zinc as trace elements the assessees have themselves represented through the product label that iron copper manganese and zinc .....

Rogers Vs. Tennessee

Court: US Supreme Court

..... that the location of the allegedly obscene exhibition was a vital element of the offense petitioner observes that the due process and ex ..... in which the criminal law retains some of its common law elements strict application of ex post facto principles in that context would ..... that a prior decision or series of decisions establishing a particular element of a crime was in error and to apply that .....

State of West Bengal Vs. M/S. Shrey Marcentile Pvt. Ltd. and ors.

Court: Kolkata

Reported in: (2001)1CALLT58(HC)

..... any distinction between a tax and a fee despite holding that element of compulsion of coerciveness is present in both the cases ..... a definition that would be applicable to all cases 4 the element of compulsion or coerciveness is present in all kinds of impositions ..... the benefit that the individual receives in such cases the tax element is predominant if the money paid by privilege holders goes entirely .....

ispat Industries Ltd. and Another Vs. Union of India and Others

Court: Supreme Court of India

Reported in: JT2000(4)SC1; 2000(2)SCALE724; (2000)4SCC137

..... the committee within such periods as may be specified i an element of price towards the steel development fund for financing schemes ..... central government in this behalf from time to time ii an element of price for enabling the committee to discharge its functions ..... schemes entrusted to it by the central government iii an element of price towards the engineering goods exports assistance fund5 no .....

Collector of Central Excise Vs. Sunflame Industries

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2000)(70)ECC757

..... product in question from other electric stove by holding that the heating element is embedded in tubular sheaths and as such it is not ..... personal hearing before the collector appeals it was noted that the element of the said stove was found enrobed in a metallic alloy ..... classification of stove or hot plate as to whether the heating element is bare or has been sheathed the assessment has to depend .....