Framework - Judgment Search Results

Ewing Vs. California

Court: US Supreme Court

..... justice breyer that ewing s sentence is grossly disproportionate even under harmelin s narrow proportionality framework however it is not clear that this case is controlled by harmelin which considered the ..... judgment quoting solem supra at 290 n 16 the plurality applies justice kennedy s analytical framework in harmelin supra at 1004 1005 opinion concurring in part and concurring in judgment ante .....

New Holland Tractors (India) (P) Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2004)83TTJ(Delhi)628

..... that tax planning may be legitimate provided it is within the framework of the law and colorable devices cannot be part of ..... any trade activity or planning his affairs with circumspection within the framework of law unless the same falls within the category of colorable ..... any trade activity or planning his affairs with circumspection within the framework of law unless the same falls in the category of .....

McConnell Vs. Federal Election Comm'n

Court: US Supreme Court

..... 11 cfr 100 23 c 2 2001 footnote 99 contrary to plaintiffs contention the statutory framework was not significantly different at the time of our decision in buckley the relevant provision ..... communications using words of express advocacy is unconstitutional hence even under the joint opinion s framework most of title ii is unconstitutional as both the primary definition and backup definition of .....

Uma Engineering Pvt. Ltd. and ors. Vs. Cce and C

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(114)LC472Tri(Mum.)bai

..... manufacturing textile machinery and parts thereof that the said manufacturing firms had manufactured machinery framework structure in their respective factories and cleared the same directly to the site of ..... essential parts bought out from open market without combination of supply of corresponding machine framework manufactured by the four parties relevant invoices are also relied on in support of .....

Miller-el Vs. Cockrell

Court: US Supreme Court

..... decision which was unreasonable in light of clear and convincing evidence and applied this framework to deny petitioner a coa petitioner s extensive evidence concerning the jury selection ..... coa application requires a preliminary though not definitive consideration of the three step batson framework the state now concedes that petitioner satisfied step one and petitioner acknowledges that the .....

Demore Vs. Kim

Court: US Supreme Court

..... attorney general has made regarding his detention or release rather respondent challenges the statutory framework that permits his detention without bail where congress intends to preclude judicial review ..... likewise deals with challenges to operational decisions rather than to the legislation establishing the framework for those decisions this court has held that where congress intends to preclude .....

Smith Vs. Doe

Court: US Supreme Court

..... mendoza martinez 372 u s 144 168 169 as a useful framework first the regulatory scheme in its necessary operation has not been ..... constitutes retroactive punishment forbidden by the ex post facto clause the framework for our inquiry however is well established we must ascertain whether ..... martinez 372 u s 144 168 169 1963 as a useful framework these factors which migrated into our ex post facto case law .....

Binay Shankar Tiwari and Etc. Etc. Vs. State of Bihar and ors.

Court: Patna

..... petitioner s application was rightly rejected because it was not fitting in the framework of law and the authority had no option but to reject the ..... and as we have already observed must be within the framework of the act itself if the application does not come within the ..... framework of section 17 then simply because the application has been filed .....

P and O Australia Ports Pty Limited and ors. Vs. Board of Trustees, Jn ...

Court: Mumbai

Reported in: 2003(5)BomCR733; 2004(1)CTLJ279(Bom); 2003(2)MhLj717

..... sector including construction and operation of container terminals para 4 of the guidelines contain regulatory framework and is reproduced below 4 regulatory frameworkthe port will continue to maintain its regulatory role .....

Union of India and anr. Vs. Azadi Bachao Andolan and anr.

Court: Supreme Court of India

Reported in: [2003]263ITR706(SC); [2003]132TAXMAN373(SC)

..... was says in mcdowell supra tax planning may be legitimate provided it is within the framework of law colourable devices cannot be part of tax planning and it is wrong to ..... the manner of doing any trade activity or planning his affairs with circumspection within the framework of law unless the same fall in the category of colourable device which may properly .....