Element - Judgment Search Results

Harris Vs. United States

Court: US Supreme Court

..... further congress otherwise broad constitutional authority to define crimes through the specification of elements to shape criminal sentences through the specification of sentencing factors and to limit ..... further congress otherwise broad constitutional authority to define crimes through the specification of elements to shape criminal sentences through the specification of sentencing factors and to .....

Ring Vs. Arizona

Court: US Supreme Court

..... interpreted the constitution to require the addition of an element or elements to the definition of a crime in order to ..... interpreted the constitution to require the addition of an element or elements to the definition of a criminal offense in order ..... addition to federal gun possession statute of express jurisdictional element requiring connection between weapon and interstate commerce would render .....

Festo Corp. Vs. Shoketsu Kinzoku Kogyo Kabushiki Co.

Court: US Supreme Court

..... the estoppel bar the inventor from asserting infringement against any equivalent to the narrowed element or might some equivalents still infringe the court of appeals held that prosecution ..... the patent application had a substantial reason related to patentability for including the limiting element added by amendment in those 740 circumstances prosecution history estoppel would bar the application .....

Ramoji Rao Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in: (2003)(161)ELT494Tri(Bang.)

..... practical technical skills sculpture in the round demands a coherent combination of many different design elements as it will be seen from several different viewpoints and ideally each view should ..... screens or other large objects in the foreground of the picture functioning as frames these elements heighten the perception of distance between foreground and background equally effective is the use of .....

Norfolk and Western R. Co. Vs. Ayers

Court: US Supreme Court

..... the qualification of an asbestosis sufferer to seek compensation for fear of cancer as an element of his asbestosisrelated pain and suffering damages but with an important reservation it is ..... allows recovery for successive diseases and would necessarily exclude only double recovery for the same element of damages 154 sure does not generate cancer norfolk insists and the principal dissent agrees .....

Lee Vs. Kemna

Court: US Supreme Court

..... system 584 4th ed 1996 hereinafter hart wechsler calling this element of henry radical 16b wright miller 4028 at 394 arguing ..... the trial court had not instructed the jury on the elements of lewdness and recklessness that the ohio supreme court had ..... appropriate pretrial motion that the other ohio statute supplied the recklessness element so no ruling precluded him from admitting evidence on mens .....

P. Viswanathan Vs. Dr. A.K. Burman and anr.

Court: Kolkata

Reported in: 2003CriLJ949

..... acted maliciously and with an intention to injure the person such element of malice and further intent to injure would be apparent ..... held responsible of any loss or damages unless of course element of malice and intent to injure are established 35 in ..... the amount of compensation from the officer concerned without ascertaining the element of malice and ill motive in lodging complaint under tada .....

Indian Rayon and Industries Ltd. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in: (2002)(103)LC841Tri(Kol.)kata

..... fabrics for the quantity actually returned including job charges profit element and since the quantity actually given back to the supplier ..... fabrics for the quantity actually returned including job charges profit element and since the quantity actually given back to the supplier ..... the appellant is held entitled to abatement on the profit element if any of the raw material supplier included in the .....

Mukesh Bhagwandas Ganatra Vs. Priti Mukesh Ganatra

Court: Mumbai

Reported in: 2003(3)MhLj408

..... absolutely no whisper so far as hiring of anti social elements or gunda elements by the father of the respondent wife at her ..... the petitioner for divorce bears the burden of proving those elements in the two spouses respectively here a difference between the ..... to bring cohabitation to permanent end animus deserendi with further two elements which are essential so far as deserted spouse is concerned .....

J.K. Synthetics Ltd. Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)(141)ELT755TriDel

..... had been approved based on its cost of production without allowing the exclusion of various elements like profits administrative overheads and modvat credit on inputs this issue came earlier before ..... of polyamide chips has already been allowed by the lower authorities he pointed out that elements like interest profit and administrative overheads as attributable to the product under costing are .....