Element - Judgment Search Results

United States Vs. Booker

Court: US Supreme Court

..... the constitutional safeguards that figure in our analysis concern not the identity of the elements defining criminal liability but only the required procedures for finding the facts that determine ..... traditionally understood as sentencing factors that is to say the commission cannot switch between elements and sentencing factors at will because it cannot write substantive criminal statutes at all .....

Shiva Nath Prasad Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2006(2)CHN88

..... to be established 96 mr jethmalani submitted that prima facie elements of cheating has been established a will is a document ..... recorded under section 200 of the code amounted to attract elements of abetment and conspiracy to transfer properties vested to charity ..... the facts as disclosed in the complaint invites or attracts elements of offence and whether the alleged offences disclosed in the .....

Jt. Cit, Special Range Ii Vs. Virudhunagar Textile Mills Ltd.

Court: Income Tax Appellate Tribunal ITAT Chennai

..... in the assessment order the assessing officer has found that the element of profit was there in case of processing charges as ..... following formula 11 now if the business profits includes the profit element of domestic turnover then obviously turnover on account of even non ..... under section 80hhc 3 has to be applied and whenever profit element from domestic turnover of specified or non specified goods is .....

Jt. Cit Special Range-ii, Modurai Vs. Virudhunagar Textiles Mills Ltd.

Court: Income Tax Appellate Tribunal ITAT Chennai

Reported in: (2005)97ITD306(Chennai)

..... in the assessment order the assessing officer has found that the element of profit was there in case of processing charges as ..... the following formula now if the business profits includes the profit element of domestic turnover then obviously turnover on account of even ..... under section 80hhc 3 has to be applied and whenever profit element from domestic turnover of specified or non specified goods is .....

Bradshaw Vs. Stumpf

Court: US Supreme Court

..... true this court has never held that the judge must himself explain a crime s elements to the defendant rather constitutional requirements may be satisfied where the record accurately reflects that ..... hearing his attorneys represented on the record that they had explained to their client the elements of the aggravated murder charge stumpf himself then confirmed that this representation was true see .....

College of Estate Management (Respondents) Vs. Her Majesty's Commissio ...

Court: House of Lords

..... there is a single supply prestation where one or more elements are to be regarded as constituting the principal supply prestation ..... for tax purposes they are properly to be regarded as elements of a single supply the supply of restaurant services is ..... of his time using the printed materials taken together the remaining elements including face to face teaching and sitting examinations counted for .....

Shibnath Mukherjee and ors. Vs. State of West Bengal and anr.

Court: Kolkata

Reported in: 2005(4)CHN447

..... allowed her prayer for alimony pendente lite accordingly in the instant complaint there is no element of cheating at all against the accused persons continuation of the criminal proceeding would ..... marriage somehow if the matter of advertisement was false right from the beginning there are elements of cheating concerning that advertisement and the accused persons have cheated the complainant and her .....

Aryan Educational Society Vs. Commissioner of Income-tax

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2005)93ITD546(Delhi)

..... exempted from taxation however such institution can claim exemption under section 11 and 12 as element of profit is not excluded by the legislature the reason is obvious because financial affairs ..... was provided only to those institutions which were dependent on public contributions that means that element of profit was impliedly excluded considering this aspect the hon ble supreme court held that .....

Shepard Vs. United States

Court: US Supreme Court

..... a court sentencing under the acca could look to statutory elements charging documents and jury instructions to determine whether an earlier ..... guilty to burglary defined by a nongeneric statute necessarily admitted elements of the generic offense is limited to the terms of ..... u s 224 243 1998 rather than as a substantive offense element determined by the jury first shepard s prior convictions were .....

Jackson and others (Appellants) Vs. Her Majesty's Attorney General (Re ...

Court: House of Lords

..... and dynamic concepts the static concept refers to the constituent elements which make up parliament the house of commons the house ..... what parliament may do by legislation and what the constituent elements must do to legislate ruling unanimously that the government s ..... be incorrect for a court to draw conclusions from such elements of the parliamentary history of the legislation as the proposal .....