Factor - Judgment Search Results

Jones Vs. United States

Court: US Supreme Court

..... come with the benefit of provisions straightforwardly addressing the distinction between elements and sentencing factors see mcmillan v pennsylvania 477 u s 79 85 86 1986 express identification ..... quoted statements unimpressive assuming that penalty enhancement was meant to be synonymous with sentencing factor the legislative history also contains contrary indications in some of the statements made .....

Kumho Tire Co. Vs. Carmichael

Court: US Supreme Court

..... testimony is not only relevant but reliable the court noted that daubert discussed four factors testing peer review error rates and acceptability in the relevant scientific community which might ..... determining the admissibility of an engineering expert s testimony may consider several more specific factors that daubert said might bear on a judge s gatekeeping determination brief for petitioners .....

i.T.C. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1998)(62)ECC591

..... itc it may be true that pricing logic has to take into consideration several factors including the factor that sometimes increase in price to smokers may affect sales this cannot be a ..... the manufacturers visualisation and expectation if any by the manufacturers would take into consideration all factors within their knowledge and such visualized prices should be declared and printed on the packages .....

Motor Industries Company Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in: (1999)(65)ECC632

..... has held these documents cited supra brings out the underlying factor to fore the monetary consideration for the transaction is determined ..... any case mutuality of interest cannot be read from this factor the appeal is therefore allowed with the above observations from ..... reasoning given by the commissioner in the light of the factors that the appellants are independent manufacturers and in the course .....

ind Auto Filters and ors. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in: (1999)(80)LC195Tri(Bang.)alore

..... has held these documents cited supra brings out the underlying factor to fore the monetary consideration for the transaction is determined ..... any case mutuality of interest cannot be read from this factor the appeal is therefore allowed with the above observations from ..... reasoning given by the commissioner in the light of the factors that the appellants are independent manufacturers and in the course .....

National Endowment for Arts Vs. Finley

Court: US Supreme Court

..... diverse artistic and cultural points of view the statute requires the decency and respect factors to be considered in evaluating all applications not for example just those applications relating ..... in the current discussion that is one might argue that the decency and respect factors constitute content discrimination rather than viewpoint discrimination which would render them easier to uphold .....

Plus Cosmetics Pvt. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1999)LC228Tri(Delhi)

..... although this arrangement might have helped pcpl in reducing its interest borrowings from other sources factor h the adjudicating authority has accepted the appellants contention that the brand name plus belongs ..... has been relied upon by the learned dr in this case after analysing the various factors cumulatively the tribunal came to the conclusion that both pratibha chemicals and cccl are related .....

Eastern Enterprises Vs. Apfel

Court: US Supreme Court

..... to eastern presents such a case we reach that conclusion by applying the three factors that traditionally have informed our regulatory takings analysis although justice kennedy and justice breyer ..... investmentbacked expectations see connolly supra at 225 227 analyzing taking in terms of three factors 1 economic impact 2 interference with distinct investment backed expectations and 3 character of .....

The Goa Foundation and Another Vs. the Conservator of Forests and Othe ...

Court: Mumbai

Reported in: 1999(2)BomCR695

..... consideration the relevant criteria for classifying forest but on the contrary took into account irrelevant factors for coming to the conclusion that 69 4 was forest the learned advocate general however ..... adopted by the sawant committee in the interim report has been completely abandoned and irrelevant factors have been taken into consideration while coming to the conclusion that survey no 69 4 .....

State of Himachal Pradesh Vs. Union of India (Uoi) and anr.

Court: Himachal Pradesh

Reported in: AIR1998HP46

..... under sub section 4 shall have due regard to the following factors namely a whether the proposed medical college or me existing medical ..... for permission which we have already extracted supra shows that the factors found in sub section 7 were not at all taken into ..... with in toto by the applicant could not be a valid factor in considering the scheme for the purposes of making a recommendation .....