Presumption - Judgment Search Results

P.R. Patel Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2001)78ITD51(Mum.)

..... which the source and mode of acquisition of incriminating evidence may give rise to some presumption against the assessee reliance was placed by the learned departmental representative on the decision of ..... premises of the assessee during the course of search and hence it is the normal presumption though rebuttable that the assessee after making the payments in question to shreeganesh developers kept .....

Shalala Vs. Illinois Council on Long Term Care, Inc.

Court: US Supreme Court

..... m spitzer administrative law and regulatory policy 832 4th ed 1999 suggesting that the presumption of review owes its source to considerations of accountability and legislative supremacy ideas embodied ..... incorporate 405 h s preclusion of federal question jurisdiction especially in light of the presumption in favor of preenforcement review i respectfully dissent 16 the majority betrays its .....

Vermont Agency of Natural Resources Vs. United States Ex Rel. Stevens

Court: US Supreme Court

..... however the court comes to a contrary conclusion on the basis of an inapplicable presumption and rather strained inferences drawn from three different statutory provisions the court s principal ..... argument relies on our longstanding interpretive presumption that person does not include the sovereign ante at 780 as discussed earlier that .....

Troxel Vs. Granville

Court: US Supreme Court

..... her daughters best interests more importantly that court appears to have applied the opposite presumption favoring grandparent visitation in effect it placed on granville the burden of disproving that ..... provision contains no requirement that a court accord the parent s decision any presumption of validity or any weight whatsoever instead the washington statute places the best interest .....

Geier Vs. American Honda Motor Co.

Court: US Supreme Court

..... the heightened federalism and nondelegation concerns that agency pre emption raises by using the presumption to build a procedural bridge across the political accountability gap between states and administrative ..... be frustrated by no airbag suits preempting on these three bases blatantly contradicts the presumption against pre emption when the 1984 version of standard 208 was under consideration the .....

Mitchell Vs. Helms

Court: US Supreme Court

..... the distinction between textbooks and instructional materials and equipment they claim that the presumption that religious schools will use instructional materials and equipment to inculcate religion is ..... o connor j concurring in judgment pointed to the broader proposition that such presumptions of religious indoctrination are normally inappropriate when evaluating neutral school aid programs under .....

Khopade Kisanrao Manikrao Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Pune

Reported in: (2000)74ITD25(Pune.)

..... requires that no one should be punished on the basis of presumption addition should not be made merely on surmises it should ..... the bharna registers diaries and loose papers is based on presumption on our instance both the revenue and the assessee have ..... according to the learned counsel it is only on assumption and presumption and without pointing out any specific unaccounted expenditure the addition .....

Khopade Kisanrao Manikrao Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT Pune

..... requires that no one should be punished on the basis of presumption addition should not be made merely on surmises it should ..... the bharna registers diaries and loose papers is based on presumption on our instance both the revenue and the assessee have ..... according to the learned counsel it is only on assumption and presumption and without pointing out any specific unaccounted expenditure the addition .....

Paramesh Sarmah and ors. Vs. Islam Ali and ors.

Court: Guwahati

..... in a handwriting of a person and should not be anonymous generally there is no presumption about recitals in ancient document but in special circumstances a recital of consideration legal ..... without objection admissibility of the document cannot be challenged subsequently it is further urged that presumption regarding execution will arise under registration act and reliance is placed in sections 58 .....

Roe Vs. Flores-ortega

Court: US Supreme Court

..... the even more serious denial of the entire judicial proceeding also demands a presumption of prejudice because no presumption of reliability can be accorded to judicial proceedings that never took place ..... proceeding he was either actually or constructively denied the assistance of counsel altogether the presumption that counsel s assistance is essential requires us to conclude that a trial is .....