Elementality - Judgment Search Results

Clark Vs. Arizona

Court: US Supreme Court

..... prosecution has otherwise overcome the presumption of innocence by convincing the factfinder of all the elements charged beyond a reasonable doubt the burden a defendant raising the insanity issue must ..... recognize an affirmative insanity defense allow consideration of evidence of mental illness directly on the element of mens rea defining the offense footnote 22 with this varied background it is .....

Coal India Ltd Vs. Indian Explosive Ltd. and ors.

Court: Kolkata

Reported in: 2006(3)CHN433

..... the other and particularly where such contracts were non statutory contracts having no public law element in them the principle of law which emerges from all these decisions is that ..... the interest of administration of justice in the case of public prosecutors this additional public element flowing from statutory provisions in the code of criminal procedure undoubtedly invest the public prosecutors .....

R Vs. Saik (Appellant) (on Appeal from the Court of Appeal (Criminal D ...

Court: House of Lords

..... the offence is to take place 7 under this subsection conspiracy involves a third mental element intention or knowledge that a fact or circumstances necessary for the commission of the substantive ..... implement it implementation gives effect to the conspiracy but it does not alter its essential elements the statutory language adopts this approach it assumes that implementation of the agreement lies in .....

Washington Vs. Recuenco

Court: US Supreme Court

..... assigning this distinction constitutional significance cannot be reconciled with apprendi s recognition that elements and sentencing factors must be treated the same respondent attempts unpersuasively to ..... this distinction constitutional significance cannot be reconciled with our recognition in apprendi that elements and sentencing factors must be treated the same for sixth amendment purposes .....

The West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2006)103ITD19(Mum.)

..... require all the assessees to value their inventory by including the element of tax duty cess or fee etc there were two alternative ..... the closing stock of the previous year by substituting with the element of excise duty which according to him is impermissible 10 we ..... provide that such values shall be determined only after considering the element of tax duty cess or fee paid in relation thereto in .....

Dixon Vs. United States

Court: US Supreme Court

..... evidence tending to prove insanity also tended to disprove an essential element of the offense the duress evidence that petitioner adduced at ..... trial does not contradict or tend to disprove any element of her statutory offenses she is also not helped by ..... requires the government to retain the burden of persuasion on that element brief for petitioner 41 second petitioner argues that fifth circuit .....

Raymond Ltd. (Jkft Division) Vs. H.V. Doshi and Brothers Pvt. Ltd.

Court: Kolkata

Reported in: 2006(1)CHN578

..... as disclosed in the petition of complaint at all discloses the elements of the alleged offence particularly the offence of cheating it ..... it or subtracting anything from it prima facie makes out any element of offence or cognizable offence to proceed with the criminal ..... the cheques it has already been mentioned earlier that the other elements of offence as disclosed in the complaint were prima facie .....

Joint Commissioner of Income Tax Vs. Global Calcium (P) Ltd.

Court: Income Tax Appellate Tribunal ITAT Chennai

Reported in: (2007)106TTJ(Chennai)179

..... particularly receipts like interest commission etc which do not have an element of turnover are included in the p amp l a c ..... commission may not be operational income because they do not have element of turnover and consequently expln baa will apply however the high ..... business but does not include receipts which do not have any element of turnover like rent interest commission etc but some expenditure .....

Tapan Kumar Ghosh and ors. Vs. State of W.B. and anr.

Court: Kolkata

Reported in: (2006)3CALLT181(HC),2006(3)CHN784

..... 863 11 mr bagchi further submitted that there was no element of initial deception if the second complaint is construed as ..... basis of evidence collected during the course of investigation prima facie elements of offence under section 420 of ipc were established against ..... that as there was running transaction between the parties no elements of offence of cheating or any other offence is attracted .....

Sk. Umed Ali Vs. State of West Bengal

Court: Kolkata

Reported in: 2005(4)CHN124

..... under section 313 of the code was not absolutely bad though elements transpired from each of the witnesses were not put to ..... the trial court did not put before the appellant parawise the elements transpired from each of the witnesses but the total evidence ..... whether there were materials against jahanara bibi sufficient enough to establish elements of some offence or one offence are beyond the scope of .....