Elementality - Judgment Search Results

Neder Vs. United States

Court: US Supreme Court

..... stitutional errors reviewing courts must apply harmless error analysis an instruction that omits an element of the offense differs markedly from the constitutional violations this court has found to ..... the conclusive presumption directly foreclosed independent jury consideration of whether the facts proved established certain elements of the offenses id at 266 as in pope however we held that the .....

Atandt Corp. Vs. Iowa Utilities Bd.

Court: US Supreme Court

..... telecommunications carrier for the provision of a telecommunications service nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on rates terms and ..... telecommunications carrier for the provision of a telecommunications service nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on rates terms and .....

Richardson Vs. United States

Court: US Supreme Court

..... those whose persistence and organization establish a successful ongoing criminal operation the continuing series element as a consequence is directed at identifying drug enterprises of the requisite size ..... income or resources derived from the continuing series the presence of these additional elements distinguishes the cce statute from a simple recidivism statute notwithstanding the court s .....

Holloway Vs. United States

Court: US Supreme Court

..... the defendant has the proscribed state of mind at that moment the statute s scienter element is satisfied petitioner s reading that the defendant must possess a specific and unconditional intent ..... of purpose satisfied if purpose is conditional when a particular purpose is an element of an offense the element is established although such purpose is conditional unless the condition negatives the harm .....

Srichakra Tyres Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)(80)ECC588

..... an assessee and a customer no further recovery of any element of price on account of increased liability towards duty proposed ..... by the department department is legally bound to abate the duty element in terms of its subsequent proposal and confirmation thereof from ..... of excisable goods in wholesale trade wholesale price will include the element of duty payable on any goods because such duty forms .....

Universal Filtration Co. Vs. Collector of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2000)(68)ECC102

..... appellants are manufacturing lube oil filter assembly which consists three parts namely filter heads filter elements and oil shell that they manufacture aluminium castings for filter heads and then send the ..... other manufactures that permission under rule 51a of the central excise rules for bringing filter elements into factory was not obtained as they were manufacturing identical goods i e filter .....

Carmell Vs. Texas

Court: US Supreme Court

..... the quantum of evidence required to convict is as grossly unfair as retrospectively eliminating an element of the offense increasing punishment for an existing offense or lowering the burden of proof ..... evidence required to convict an offender is as grossly unfair as say retrospectively eliminating an element of the offense increasing the punishment for an existing offense or lowering the burden of .....

E. M. I. Group Electronics Ltd. Vs. Coldicott (inspector of Taxes)

Court: Kolkata

Reported in: [2000]245ITR580(Cal)

..... circumstances in which mr hussey s employment was terminated included an element within the first category but liability to tax in respect of ..... attributable to the reduction of salary was so taxable the pension element was not taxable because following hunter v dewhurst that was ..... the taxpayer to enter into the new contract of employment but element a was not chargeable on the basis that it was .....

Mehta Food Pvt. Ltd. Vs. State of Jammu and Kashmir and ors.

Court: Jammu and Kashmir

..... the arguments raised are i that levy of tolls visualises an element of quid pro quo this would involve examination of the ..... to the primary motive of regulation in public interest if the element of revenue for general purpose of the state predominates the ..... state funds iii the state authorities are providing other facilities therefore element of quid pro quo is there therefore the argument that the .....

Shivani Enclaves Pvt. Ltd. and Another Vs. State of Rajasthan and Othe ...

Court: Rajasthan

Reported in: 2000(3)WLC94

..... is submitted that for purposes of levy of fee two essential elements are necessary firstly it must be levied in consideration of certain ..... when a fee is charged for rendering specific services a certain element of quid pro quo must be there between the service rendered ..... of the sale deed cannot be held a correlationship with the element of quid pro quo it goes without saying that the respondents .....