Essential Element - Judgment Search Results

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

Court: Kolkata

Reported in: 2006(2)CHN88

..... clause of revocation therefore the findings of civil court cannot decide the fate of the essential elements of offences as disclosed in the complaint and without proper trial on the basis of ..... the accompanying documents and or deposition of complainant and his witness do not disclose the essential ingredients of the alleged offence of criminal breach of trust or criminal conspiracy and cheating .....

Gto Vs. P.J. Kurian

Court: Income Tax Appellate Tribunal ITAT Cochin

Reported in: (2005)145TAXMAN18(Coch.)

..... tp act the essential elements of the gift are going through these essential elements it is seen that the acceptance is an essential element and as ..... tax act it is not essential that the donee should have accepted the gift because the element of acceptance of the gift ..... jm had some reservations on the question whether acceptance was essential under the gift tax act however after considering decision of .....

The State of Bihar and ors. Vs. Pratappur Sugar and Industries Limited ...

Court: Patna

..... constitution the constitution nowhere contemplates it to be an essential element of fee that it should be credited to a ..... and means for executing development plan in all its essential including improvement and development of communications cane varieties supply ..... and means for executing development plan in all its essential including improvement and development of communications cane varieties supply .....

Graham County Soil and Water Conservation Dist. Vs. United States Ex R ...

Court: US Supreme Court

..... the united states necessarily participates otherwise the united states would be required to prove all essential elements of the cause of action 3731 c in all 3730 actions regardless of whether it ..... any criminal proceeding charging fraud or false statements shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal .....

State of Kerala and ors. Vs. Maharashtra Distilleries Ltd. and ors.

Court: Supreme Court of India

Reported in: AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)

..... that the levy was not in the nature of excise duty an essential element of excise duty is uniformity of incidence which cannot vary from ..... or imported into the area it was also submitted that an essential characteristic of duty of excise is a uniformity of incidence it ..... which actually paid excise duty payable on the imfl consequently the element of excise duty did not form part of the turnover of .....

Karnataka State Road Transport Corporation, Rep. by Its Managing Direc ...

Court: Karnataka

Reported in: ILR2005KAR1605

..... do the fundamental rights in part iii and directive principles in part iv constitute the essential elements of the basis structure of our constitute in that the constitution will be the constitution ..... conscience anything that destroys the balance between the two parts will ipso facto destroy an essential elements of the basic structure of our constitution in the decision reported in waman rao v .....

Binny Ltd. and anr. Vs. V. Sadasivan and ors.

Court: Supreme Court of India

Reported in: AIR2005SC3202; 2005(3)AWC2806(SC); 2005(5)CTC117; [2005(4)JCR257(SC)]; JT2005(7)SC214; 2005(4)KLT315(SC); (2005)IIILLJ738SC; (2005)6SCC657; 2005(3)SLJ485(SC)

..... as being exclusive of other factors possibly the only essential elements are what can be described as a public element which can take many different forms and the exclusion from the jurisdiction of ..... employee on the ground that his services were unsatisfactory does not have any public law element and therefore the high court has rightly rejected the contentions advanced by the appellant therein .....

Regina Vs. Hayter (Appellant)

Court: House of Lords

..... at its highest the crown could not have proved one of the essential elements in the case against the appellant again that must also be ..... of conviction in a criminal trial are so serious it is essential to adopt a standard of admissibility on this matter which is ..... to vanessa salter to establish that he killed commatteo it is essential to have regard to the content of that statement yet the .....

Smith Vs. Massachusetts

Court: US Supreme Court

..... evidence in the government s initial presentation or provide corroboration for essential elements of the government s case united states v calderon 348 u ..... on the ground that the state had failed to prove an essential element of the crime i e that the barrel of the gun ..... then submitted to a bench trial on an additional repeat offender element of the firearm possession charge the judge found him guilty .....

J.K. Industries Ltd. Vs. Union of India (Uoi)

Court: Rajasthan

Reported in: 2005(103)ECC152; 2005(186)ELT3(Raj)

..... be a duty to determine or decide that fact judicially 170 from these principles one essential element which makes an act of any authority quasi judicial or not is that in order to ..... would provide opportunity to all interested parties for oral submissions d the authority would disclose essential facts before announcing the final findings 12 after the preliminary findings were notified comments .....