Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: us supreme court Year: 2006 Page 5 of about 69 results (0.278 seconds)

Kansas Vs. Marsh

Court : US Supreme Court

..... of fact shall impose a sentence of death if the trier of fact finds one or more of the aggravating circumstances enumerated in subsection f of this section and then determines that there are no mitigating circumstances sufficiently substantial to call for leniency. footnote 3 the mercy jury instruction alone forecloses the possibility of furman ..... v. florida, 468 u. s. 447 , 460, and n. 7 (1984). since the sentencing choice is, by definition, the attribution of particular culpability to a criminal act and defendant, as distinct from the general culpability necessarily implicated by committing a given offense, see penry, supra , at 327 328; spaziano, supra, at 460; zant v. ..... on the ground of their being repugnant to the constitution, treaties or laws of the united states, and the decision is in favour of such their validity . act of sept. 24, 1789, 25, 1 stat. 85 (emphasis added). not until 1914 did we have jurisdiction over decisions from state courts which arguably overprotected federal .....

League of United LatIn American Citizens Vs. Perry

Court : US Supreme Court

..... evidence that politics was not simply one factor in the cracking of district 24, but rather that it was an impermissible, predominant factor. section 5 of the voting rights act was intended to insure that that [the gains thus far achieved in minority political participation] shall not be destroyed through new [discriminatory] ..... representatives of the people legislating comports with our repeated assurances concerning the discretion and flexibility left to the states. section 2 is, after all, part of the voting rights act, not the compactness rights act. the word compactness appears nowhere in 2, nor even in the agreed-upon legislative history. see gingles , ..... in the texas election process stretching back to reconstruction led to the inclusion of the state as a covered jurisdiction under section 5 in the 1975 amendments to the voting rights act. since texas became a covered jurisdiction, the department of justice has frequently interposed objections against the state and its subdivisions. .....

Clark Vs. Arizona

Court : US Supreme Court

..... quoting speiser, 357 u. s., at 523). * * * the judgment of the court of appeals of arizona is, accordingly, affirmed. it is so ordered. footnote 1 section 13 1105(a)(3) provides that [a] person commits first degree murder if [i]ntending or knowing that the person s conduct will cause death to a law enforcement officer ..... consideration to the mental-illness evidence in making his factual findings as to whether [clark] did or did not act with the state of mind required for a first-degree murder conviction ). an entire section of clark s opening brief argues that the evidence of mental illness should have been considered to rebut the prosecution ..... moral incapacity test (telling right from wrong) does not necessarily require evaluation of a defendant s cognitive capacity to appreciate the nature and quality of the acts charged against him, his argument fails to recognize that cognitive incapacity is itself enough to demonstrate moral incapacity, so that evidence bearing on whether the defendant .....

Hamdan Vs. Rumsfeld

Court : US Supreme Court

..... or (b) has been determined by the united states court of appeals for the district of columbia circuit in accordance with the procedures set forth in section 1005(e) of the detainee treatment act of 2005 to have been properly detained as an enemy combatant. 1005(e), id. , at 2741 2742. paragraph (2) of subsection (e ..... v. united states, 464 u. s. 16 , 23 (1983) ( [w]here congress includes particular language in one section of a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion or exclusion ). the court in lindh relied on this reasoning to conclude that certain ..... states. 1005(e)(3)(d), ibid . finally, 1005 contains an effective date provision, which reads as follows: (1) in general. this section shall take effect on the date of the enactment of this act. (2) review of combatant status tribunal and military commission decisions. paragraphs (2) and (3) of subsection (e) shall apply with .....

M.S. Narayana Menon @ Mani Vs. State of Kerala and anr.

Court : Supreme Court of India

Reported in : AIR2006SC3366; III(2006)BC433; [2006]132CompCas450(SC); (2006)6CompLJ39(SC); 2006CriLJ4607; 2006(3)CTC730; JT2006(6)SC72; 2006(3)KLT404(SC); 2006(5)MhLj676; 2006MPLJ97(SC);

..... question which arose for consideration therein was as to whether closure of accounts or stoppage of payment is sufficient defence to escape from the penal liability under section 138 of the act. the answer to the question was rendered in the negative. such a question does not arise in the instant case.25. in kundan lal rallaram ..... mr. l. nageswara rao, learned senior counsel appearing on behalf of the appellant is that the trial court and the high court misconstrued and misinterpreted section 139 of the act and furthermore failed to take into consideration the principle of law that once the accused discharges the initial burden placed on him, the burden of ..... petition was filed on 19.11.1992 by the second respondent herein against the appellant purported to be for commission of an offence under section 138 of the negotiable instruments act (for short 'the act'), on the following allegations:2. the second respondent had been carrying on business of stock and share brokers under the name and .....

Indian Oil Corporation Vs. Nepc India Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2780; 2006(4)CTC60; JT2006(6)SC474; 2006(II)OLR(SC)659; RLW2006(4)SC3380; 2006(7)SCALE286; (2006)6SCC736

..... induced to do. in the first place he may be induced fraudulently or dishonestly to deliver any property to any person. the second class of acts set forth in the section is the doing or omitting to do anything which the person deceived would not do or omit to do if he were not so deceived. ..... a mandatory injunction to the airport authority of india and director general of civil aviation to detain the said aircraft stationed at coimbatore airport, under section 8 of the aircraft act, 1934, so as to enable it to take possession thereof. the high court granted an interim injunction on 16.9.1997 restraining nepc india ..... a security for financial assistance and includes floating charge and crystallization of such charge into fixed charge on movable property. (borrowed from section 2(n) of securitisation and reconstruction of financial assets & enforcement of security interest act, 2002)but there is no 'entrustment of the property' or 'entrustment of dominion over the property' by the hypothecate ( .....

South Eastern Coalfields Ltd. Vs. Commissioner, Customs and Central Ex ...

Court : Supreme Court of India

Reported in : 2006(200)ELT357(SC); JT2006(7)SC121; 2006(7)SCALE464; (2006)6SCC340

..... and additional duties of excise. the explanation to that notification stated that the word 'mine' will have same meaning as assigned to it in clause (j) of section 2 of the mines act, 1952.3. a show cause notice was issued to the appellant by the superintendent of central excise, range-korba vide office letter dated 3.9.1996 for recovery ..... in a mine from excise duty. the explanation to the exemption notification states that 'mine' has the meaning assigned to it in section 2(j) of the mines act, 1952. clause (viii) of section 2(j) of the mines act, 1952 defines 'mine' to include 'all workshops and stores situated within the precincts of a mine and under the same management and ..... of central excise duty amounting to no. 31,59,704/- under the provisions of rule 9(2) read with section 11a of the central excise act, 1944, alleging contravention of rules 9(1), 52a, 53, 173b, 173c, 173g, 174 and 226 read with notification no. 63/95-ce dated 16.3 .....

P. Narayanappa and anr. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3001; JT2006(8)SC185; 2006(8)SCALE199

..... is whether the land is acquired for development by the board or for any other purpose in furtherance of the objects of the act, as mentioned in sub-section (1) of section 28 of the act. in fact, if the contention raised by the learned senior counsel for the appellants is accepted, it would mean that even ..... the land can be acquired for (i) development by the board; or (ii) for any other purpose in furtherance of the objects of the act. under sub-section (8) of section 28, the state government is empowered, after it has taken possession of land, to transfer the same to the board for the purpose for which ..... /engineering college, research and development center, educational center, commercial and residential buildings and service apartments, convention center, hotel, shopping mall, etc. in the notification under section 28(1) of the act, the purpose of acquisition, namely, the purpose for which the company, vikas telecom (p) ltd. wanted the land, as enumerated above, was not mentioned and .....

Union Bank of India and ors. Vs. M.T. Latheesh

Court : Supreme Court of India

Reported in : [2006(111)FLR77]; (2006)IIILLJ791SC; 2006(8)SCALE145; (2006)7SCC350

..... application submitted by the respondent after the proper consideration of the same in the light of the relevant parameters the appellant-bank cannot be said to have acted in an arbitrary manner regardless of the constitutional principles. it is also settled law that the specially constituted authorities in the rules or regulations like the ..... court in harpal kaur chahal (smt) v. director, punjab instructions, punjab and anr. held that illegality once committed cannot be pleaded to legalize other illegal acts. this court also held that where the high court applying a wrong test found certain ineligible candidates to be eligible and upheld their appointment, such a judgment could ..... opinion, came to a wrong finding that the person given employment were kith and kin of four high ranking officials and erroneously held that the appellant acted arbitrarily and capriciously and was indifferent to the needs of his employees and caring only for the high salaried officers of the same bank. it is a .....

Committee of Management Kanya Junior High School Bal Vidya Mandir, Eta ...

Court : Supreme Court of India

Reported in : AIR2006SC2974; JT2006(7)SC562; 2006(8)SCALE222; (2006)11SCC92

..... minority institution.27. it is interesting to note that the question as to whether the jains should be treated to be a minority under section 2(c) of the national commission for minorities act, 1992 came up for consideration before a three-judge bench of this court in bal patil and anr. v. union of india and ..... community which has different sects, sub-sects, faiths, modes of worship and religious philosophies. in various codified customary laws like the hindu marriage act, hindu succession act, hindu adoption and maintenance act and other laws of the pre- and post-constitution periods, definition of 'hindu' included all sects and sub-sects of hindu religions including ..... and you had assured that you will never repeat such mistakes and indiscipline in future. therefore, being the principal of school, i advise you to stop these acts of indiscipline and work as a model teacher.yours faithfully,sd/-(smt. kusum sharma)principalg. jr. high school, bal vidya mandir, etah copy forwarded to following .....