Mitigating - Judgment Search Results

Heller Vs. Doe

Court: US Supreme Court

heller v doe 509 u s 312 1993 october term 1992 syllabus heller secretary kentucky cabinet for human resources v...

Tribhovandas Bhimji Zaveri Vs. Union of India (Uoi) and ors.

Court: Supreme Court of India

Reported in: (1993)115CTR(SC)411; [1993]204ITR368(SC); JT1993(5)SC177; 1993(3)SCALE712; 1993Supp(4)SCC718; [1993]Supp2SCR207

..... court but to bring in consistency in identification of various relevant circumstances aggravating and mitigating circumstances have to be separately identified strictly however no such comparative review would be ..... penalty life imprisonment is the rule and death penalty is the exception aggravating and mitigating circumstances relating both to crime and criminal must be analysed with open mind .....

Dharam Vir Singh Vs. State of U.P.

Court: Supreme Court of India

Reported in: 1994Supp(1)SCC100

..... 161 mdash prevention of corruption act 1947 mdash section 5 2 mdash sentence under mdash mitigating circumstances mdash offence committed long sixteen years in this case ago tainted money received allegedly .....

Johnson Vs. Texas

Court: US Supreme Court

..... of the court s relevant decisions demonstrates the constitutional requirements regarding consideration of mitigating circumstances by sentencers in capital cases although the sentencer cannot be precluded ..... first we rejected the argument that requiring the jury to weigh aggravating and mitigating factors and then sentence petitioner accordingly violated the requirement of individualized sentencing .....

Gilmore Vs. Taylor

Court: US Supreme Court

..... sentenced to death restricted the jury s consideration of certain mitigating evidence since t he eighth amendment requires that the jury ..... be able to consider and give effect to all relevant mitigating evidence id at 377 378 this evidence was plainly ..... the state or the defense proved the existence of the mitigating manslaughter defenses the jury could nevertheless return a murder verdict .....

Samtul Dhobi and anr. Vs. State of Bihar

Court: Patna

..... just balance has to be struck between the aggravating and the mitigating circumstances before the option is execised 34 in order to ..... impose death sentence even after according maximum wight age to the mitigating circumstances which speak in favour of the offender 35 if ..... not awarding the extreme penalty rather they appear to be mitigating circumstances in favour of the accused for having a sentence .....

Godinez Vs. Moran

Court: US Supreme Court

..... request according to respondent was to prevent the presentation of mitigating evidence at his sentencing on the basis of the ..... discharge his attorneys so as to prevent the presentation of mitigating evidence at sentencing his monosyllabic responses to the trial court ..... his purpose specifically was to prevent the presentation of any mitigating evidence on his behalf at the sentencing phase of .....

New India Assurance Co. Ltd. Vs. Kamlaben Sultansinh Jadav and ors.

Court: Gujarat

Reported in: II(1993)ACC479; 1993ACJ673; AIR1993Guj171; (1993)1GLR779

..... of legislative ambiguities unfortuoately not receding that courts have to fill gags clear doubts and mitigate hardships 5 apart from the aforesaid aspects it should be noted that because of death ..... the entire amount is being withdrawn annihilating the salutory effect of the evolved procedure to mitigate the hardship to the dependents of the loss of depen dancy therefore appropriate procedure should .....

Merinoply and Chemicals Ltd. Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: (1994)122CTR(Cal)262,[1994]209ITR508(Cal)

..... the backward areas the purpose of the subsidy is to mitigate such hardship now mitigation can take two forms one of the forms may be ..... and then to turn around and say that subsidy given is for mitigation of its unequal position inter se the industrial undertakings in general ..... the inequity or the demerit of the situation having been mitigated it can be no more fair to seek for immunity from .....

Txo Production Corp. Vs. Alliance Resources Corp.

Court: US Supreme Court

..... committing the act the wealth of the perpetrator as well as any mitigating circumstances which may operate to reduce the amount of the damages ..... sanctions on the defendant for its conduct these to be taken in mitigation and g the existence of other civil awards against the defendant ..... for the same conduct these also to be taken in mitigation id at 21 22 in has lip the court concluded that .....