Elementality - Judgment Search Results

Staples Vs. United States

Court: US Supreme Court

..... does not necessarily suggest that congress intended to dispense with a conventional mens rea element which would require that the defendant know the facts that make his conduct illegal ..... particular character of the items regulated to determine whether congressional silence concerning the mental element of the offense should be interpreted as dispensing with conventional mens rea requirements see .....

Gilmore Vs. Taylor

Court: US Supreme Court

..... the jury misunderstood those instructions and that once it found taylor guilty of the two elements of murder to which taylor had admitted the jury simply stopped deliberating without considering the ..... murder beyond a reasonable doubt violates due process it disregarded as meaningless the distinction between elements of the offense and affirmative defenses 954 f 2d at 453 our opinions in martin .....

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court: Supreme Court of India

Reported in: AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

..... the country before them there is a fissiparous tendency arising out of various elements in our life we have communal differences caste differences language differences provincial differences ..... is a pragmatic need conferring discretion upon high functionaries and whenever feasible introducing the element of plurality by requiring collective decision are further checks against arbitrariness this is .....

M.S. Chawla and Co. Vs. Inspecting Assistant

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1993)45ITD98(Delhi)

..... in valuing the closing stock of raw material not including any element of custom duty thereon was proper and has the acceptance ..... the assessee was that there being numerous items allocation of the element of import duty was a difficult proposition the delhi high ..... is confronted with the identical proposition of whether inclusion of the element of duties etc in the closing stock which are otherwise .....

Campbell Vs. Acuff-rose Music, Inc.

Court: US Supreme Court

..... of the song s parodic purpose and character its transformative elements and considerations of the potential for market substitution pp 586 ..... or that a work may contain both parodic and nonparodic elements accordingly parody like any other use has to work its ..... of the song s parodic purpose and character its transformative elements and considerations of the potential for market substitution sketched more .....

Bray Vs. Alexandria Women's Health Clinic

Court: US Supreme Court

..... c notwithstanding the griffin court s decision to read the deprivation clause s equal protection element as more restrictive than fourteenth amendment equal protection the court recognized that in a ..... territory from giving or securing the equal protection of the laws is both an additional element unknown to the deprivation clause and a significantly limiting condition private conspiracies to injure .....

Asmathnarayan Vs. Union of India (Uoi) and anr.

Court: Gujarat

Reported in: II(1994)ACC582

..... or the claimant himself was fully responsible or there was any element of contribution for the emergence of the unfortunate road accident ..... negligence depends upon determination of various factors there are three basic elements of tort 1 an act or omission on the part ..... their legal representatives or the dependents are unable to prove the element of rashness and negligence on the part of the driver of .....

A.S. Sharma Vs. Union of India (Uoi) and anr.

Court: Gujarat

Reported in: 1995ACJ493

..... or the claimant himself was fully responsible or there was any element of contribution for the emergence of the unfortunate road accident ..... negligence depends upon determination of various factors there are three basic elements of tort 1 an act or omission on the part ..... their legal representatives or the dependants are unable to prove the element of rashness and negligence on the part of the driver of .....

Sullivan Vs. Louisiana

Court: US Supreme Court

..... is quite different from the jury instruction error of erecting a presumption regarding an element of the offense a mandatory presumption for example the presumption that a person intends ..... per curiam instruction containing erroneous conclusive presumption pope v illinois supra instruction misstating an element of the offense rose v clark supra instruction containing erroneous burden shifting pre sump .....

Bratindranath Banerjee, Director, Standard Chartered Bank Vs. Hiten P. ...

Court: Mumbai

Reported in: 1994(4)BomCR237

..... transaction there was no slr implication thus one of the elements of ready forward transaction disappears he admits that in respect ..... nor lent amounts to each other therefore even the second element of funding disappears he then admits that according to the ..... respect of these transactions it is established that none of the elements necessary for a ready forward transactions were existing yet his .....