Elementality - Judgment Search Results

MartIn Vs. Ohio

Court: US Supreme Court

..... defense might negate a purposeful killing by prior calculation and design does not mean that elements of the crime and self defense impermissibly overlap since evidence creating a reasonable doubt about ..... by raising the defense the accused has assumed the ultimate burden of proving that particular element or it might reconcile the instructions simply by balancing the evidence that supports the .....

Raga Industries Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1991)(36)LC462Tri(Delhi)

..... spares and also captive consumed in the manufacture of heating elements in the appellant s factory during adjudication proceedings it had ..... with the aid of power the composite product the healing element was chargeable to duty since one of its component parts ..... submitted that the goods as cleared from the factory viz heating elements contained mineral fibre yarn which predominated since one of its .....

United States Vs. Mendoza-lopez

Court: US Supreme Court

..... process requires that a collateral challenge to the use of a deportation proceeding as an element of a criminal offense be permitted where the deportation proceeding effectively eliminates the right ..... having established that a collateral challenge to the use of a deportation proceeding as an element of a criminal offense must be permitted where the deportation proceeding effectively eliminates the .....

Pope Vs. Illinois

Court: US Supreme Court

..... juries that convicted petitioners were given erroneous instructions on one of the three essential elements of an obscenity conviction nevertheless i disagree with its disposition of the case ..... constitutionally erroneous instructions petitioners were denied a jury determination on one of the critical elements of an obscenity prosecution an application of the harmless error doctrine under these .....

Hindustan Computers Ltd. Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1987)21ITD524(Delhi)

..... of entries have been filed and kept in folder iii customs element in all the components was claimed at higher value except ..... of the aforesaid duties were there as part of the cost element in the closing stock consistent with established accounting principles and therefore ..... closing stock which was not permissible as those amounts were an element of cost of the goods in the closing stock consistent with .....

Commissioner of Income-tax Vs. Navabharat Enterprises (P.) Ltd.

Court: Andhra Pradesh

Reported in: (1987)62CTR(AP)189; [1988]170ITR332(AP)

..... thereof hospitality has been extended therefore providing boarding to counsel though it involves the element of hospitality is incidentally connected with the business purpose which is wholly and exclusively ..... customers that visited the company for the purpose of business though there is an element of hospitality involved in it the primary motivating factor is business courtesy or civility .....

Avery India Limited Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1988)(15)LC33Tri(Delhi)

..... evade payment of duty he stated that the calcutta city price included among other things element of freight insurance and even erection charges he stated that price differential between the ..... stated that since the appellants had not revealed that they were collecting duty on these elements this amounted to mis declaration and this therefore constitutes sufficient reason for invoking longer time .....

Collector of Customs Vs. Coromondal Fertilizers Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1988)(15)ECC226

..... 4 did not include stevedoring charges which were addable separately on account of the following elements viii administrative overhead percentage on unloading labour charges on the basis of the actuals the ..... not extinguished their next proposition which was seriously pressed for before us was that certain elements of cost added by the asstt collector were not addable and on the contrary despatch .....

State of Andhra Pradesh Vs. Y. Prabhakara Reddy

Court: Supreme Court of India

Reported in: AIR1987SC933; 1987(12)ECC41; JT1987(1)SC637; 1987(1)SCALE525; (1987)2SCC136; [1987]2SCR513

..... the excise act in 1984 had also recognised the distinctive duty element in issue price he also invited our attention to narasimha ..... the issue price it is one thing to say that several elements enter into the determination of issue price but it is ..... altogether a different thing to say that these erstwhile constituent elements retain their character and individually as such even after determination .....

Rajnikant Maganghai Patel Vs. Asstt. Collector of Customs, Bombay

Court: Mumbai

Reported in: 1987(2)BomCR100; 1987(14)ECC36; 1988(38)ELT271(Bom)

..... the maximum they very much fall short of the most crucial element under which the petitioner is tagged with the involvement in the ..... the case of the other accused and the present petitioner any element of culpable mental state to be pressed into service will ..... the purchase of foreign exchange and in fact there are compelling elements to suggest even from all these statements that he was deliberately .....