Instructive - Judgment Search Results

Boyde Vs. California

Court: US Supreme Court

..... such likely possibilities in this case we are presented with a single jury instruction the instruction is not concededly erroneous nor found so by a court as was the ..... to a constitutionally adequate sentencing determination finally in examining the context of the sentencing instructions the majority finds no objectionable prosecutorial argument that would reinforce an impermissible interpretation .....

Saffle Vs. Parks

Court: US Supreme Court

..... suggests that lockett and eddings do not compel the invalidation of the antisympathy instruction because the instruction ensures that the decision to impose the death penalty is a reasoned ..... and eddings because jurors who react sympathetically to mitigating evidence may interpret the instruction as barring them from considering that evidence altogether this argument misapprehends the distinction .....

Mckoy Vs. North Carolina

Court: US Supreme Court

..... were susceptible of two plausible interpretations and under one of those interpretations the instructions were unconstitutional the dissent acknowledges that there is language in mills suggesting that ..... any single juror found sufficient mitigation and even though as petitioner contends the instruction here mistakenly required unanimity on mitigation you must nevertheless uphold the death sentence .....

Clemons Vs. Mississippi

Court: US Supreme Court

..... at the sentencing hearing following petitioner clemons mississippi capital murder conviction the trial court instructed the jury among other things that in deciding whether to impose the death penalty ..... is invalid under a statutory scheme in which the judge or jury is specifically instructed to weigh statutory aggravating and mitigating circumstances in exercising its discretion whether to impose .....

R. Narasimhan Vs. Union of India (Uoi) Represented by Secretary, Minis ...

Court: Chennai

Reported in: (1990)2MLJ55

..... scrutiny and implementation of the recommendation relating to compulsory retirement paragraph i of the concerned instructions is relevant and it is extracted as follows the list of gazetted officers should ..... and the review committee did not recommend a compulsory retirement under the rules and instructions the officer should be allowed to continue before the second review was permitted upto .....

Sutlej Palace and Pictures Vs. Competent Authority, Iac

Court: Income Tax Appellate Tribunal ITAT Amritsar

Reported in: (1990)35ITD184(Asr.)

..... original acquisition proceedings and therefore the tribunal could take cognizance of the aforesaid circular and instruction issued by the cbdt and drop the acquisition proceedings in support of this contention ..... is that even though the present appeal is continuation of original acquisition proceedings the aforesaid instruction which was effective from 11 8 1988 cannot be applied in the present case .....

Walton Vs. Arizona

Court: US Supreme Court

..... 494 u s 370 1990 foreclose this submission blystone rejected a challenge to a jury instruction based on a pennsylvania statute requiring the imposition of the death penalty if aggravating ..... is true of the arizona statute similarly boyde v california supra upheld a pattern jury instruction which stated that i f you conclude that the aggravating circumstances outweigh the mitigating circumstances .....

House Vs. Tennessee

Court: US Supreme Court

..... charging the jury that it had to find aggravating circumstances unanimously the trial judge instructed the jury to consider mitigating circumstances as heretofore indicated the natural inference from ..... could not reach a unanimous conclusion on a potential mitigating circumstance nowhere did the instructions even remotely suggest that jurors were free to exercise individual judgment in considering .....

M.M.R. Khan and Others Etc. Vs. Union of India and Others, Etc.

Court: Supreme Court of India

Reported in: AIR1990SC937; [1991(61)FLR271]; JT1990(3)SC1; 1990(1)SCALE324; 1990Supp(1)SCC191; [1990]1SCR687; (1990)1UPLBEC498

..... administration should be deemed to have been exempted from the operation of the said administrative instructions although there is nothing expressly on record to show that the railway canteens are exempted ..... be managed either as per the provisions of the railway establishment manual or the administrative instructions supra there is no obligation on the railway administration to provide them with any .....

Commissioner of Income-tax Vs. Indiana Travels (P.) Ltd.

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1990)32ITD719(Delhi)

..... exercised liberally in its favour because of the difficulty in locating the concerned commissioners the instruction given by the board referred to above also refers to the period of limitation and ..... the filing of the reference applications and taking pleas which are untenable and unsustainable the instruction given by the board clearly postulates that the intention of the legislature was to reckon .....