Avoidable Consequences - Judgment Search Results

United States Ex Rel. Marcus Vs. Hess

Court: US Supreme Court

..... literal application of a statute which would lead to absurd consequences should be avoided whenever a reasonable application can be given to it consistent ..... also to punishment for a breach of the public peace in consequence of the same act and may be said in common ..... fees or by definition of the elements of actual damages special consequence cannot be drawn from the use of the word forfeit while .....

Helvering Vs. Chicago Stock Yards Co.

Court: US Supreme Court

..... and had not overcome the consequent presumption that its surplus had been accumulated for the purpose of avoiding surtax upon the earnings of ..... ordered to part with all interest in the stockyards in consequence mr prince purchased the armour held stock for 1 000 ..... adopted may have been continued with the additional motive of avoiding surtax on the stockholders the board s conclusion may justifiably .....

Tiller Vs. Atlantic Coast Line R. Co.

Court: US Supreme Court

..... injured as a consequence of being exposed to a risk which the employer in the exercise of due care could not avoid is not ..... between assumption of risk as a defense by employers against the consequence of their own negligence and assumption of risk as negating any ..... the fiction of attributing to employees a willingness to bear the consequences of the carrier s negligence other than that arising from its .....

Rajani Kanta Dhara Vs. Manmatha Nath Das and anr.

Court: Kolkata

Reported in: AIR1945Cal1

..... as to alter substantive rights or to produce consequences beyond the scope of an intention to avoid circuity of proceedings it was stated that ..... they may arise from circuity of proceedings thereunder can be avoided and should be avoided this is the principle of the rules the main ..... not the two cases which attempt to show that it is avoidable contradict each other both it may be noted relate to cross .....

Seth Nandaramdas Atmaram by Agent Hemrajmul Vs. Zulika Bibi and ors.

Court: Chennai

Reported in: AIR1943Mad531; (1943)2MLJ1

..... questions in which a large body of persons are interested while avoiding at the same time a multiplicity of suits and consequent harassment to parties much of the benefit intended by the .....

Mohini Mohan Das and ors. Vs. Kunjabehari Das S/O Krishna Charan Das a ...

Court: Kolkata

Reported in: AIR1943Cal450

..... might have been placed for hearing at an earlier stage and thereby all these consequences could have been avoided but for this we think the defendants are not solely responsible the result .....

Muir Vs. Glasgow Corporation

Court: House of Lords

..... to avoid doing or omitting to do anything the doing or omitting to do which may have as its reasonable and probable consequence ..... to avoid doing or omitting to do anything the doing or omitting to do which may have as its reasonable and probable consequence ..... carried through the passage way where the children were congregated and consequently there was no duty incumbent on her to take precautions .....

Kartick Chandra Mallik and anr. Vs. Rani Harsha Mukhi Dasi, Executrix ...

Court: Kolkata

Reported in: AIR1943Cal345

..... at the date of the perpetual settlement had and may in consequence of that sweep away or get rid of all the intermediate ..... 12 bartley j observed that the section does not contemplate the avoidance on annulment of a part of an under tenure in ..... by way of exception to the general provision for annulment and avoidance of encumbrances and tenures which provision was essentially necessary in order .....

Ram Raj Singh Vs. Rajendra Singh and anr.

Court: Allahabad

Reported in: AIR1943All247

..... actual possession of that plot i fail to appreciate why similar consequences should not follow in a case where by an arrangement between ..... of other cosharers who had entered into the said arrangement to avoid the mortgage and to recover possession of the property during the ..... from the date of the transfer and they are entitled to avoid the transfer and terminate the trespass it is further contended that .....

interstate Transit Lines Vs. Commissioner

Court: US Supreme Court

..... interpretation petitioner became able to conduct intrastate page 319 u s 593 business in california consequently stages was dissolved and its assets and franchises transferred to petitioner in 1932 and ..... from obtaining a certificate of public convenience to do intrastate business in california to avoid this situation petitioner in 1930 organized stages in california as its wholly owned subsidiary .....