Avoidance - Judgment Search Results

Clay Vs. Sun Ins. Office, Ltd.

Court : US Supreme Court

..... that it must take jurisdiction if it should the judiciary cannot as the legislature may avoid a measure because it approaches the confines of the constitution with whatever doubts with whatever ..... should be the exception not the rule only prejudice against diversity jurisdiction can explain the avoidance of the simple constitutional question that is presented here and the remittance of the parties .....

Bandaru Subbaraidu Vs. Alluri Satyanarayana Raju and ors.

Court : Andhra Pradesh

Reported in : AIR1962AP25

..... transferor in such a transferor in such a transaction is not avoiding anything which transferred the property or created any interest in ..... by any consideration there a sale was sought to be avoided certain alienations made in favour of the transferor s wife ..... of mortgage whether supported by consideration or not could be avoided under section 53 the learned counsel would therefore urge that the .....

United States Vs. Mersky

Court : US Supreme Court

..... discloses is that none of them asserts the confession and avoidance rationale now ascribed to them rather they were conceived as ..... by introductory affirmative matter and the plea of confession and avoidance in criminal cases special pleas in bar were primarily utilized ..... an affirmative defense in the nature of a confession and avoidance footnote 4 8 the motion to dismiss which was sustained .....

Amrutanjan Ltd. Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Reported in : [1961]41ITR21(Mad)

..... to hit at the various devices adopted by the individuals to avoid super tax originally super tax was charged only on individuals ..... as to be within the limits which would enable him to avoid super tax the undistributed profits could be accumulated devices were adopted ..... private companies i would apply to public limited companies where the avoidance of super tax was possible the effect of an order passed .....

Bhattacharyya Rubber Works Private Ltd. Vs. Bhattacharjee Rubber Works ...

Court : Kolkata

Reported in : AIR1960Cal356,64CWN695,(1960)IILLJ198Cal

..... closure must be due to circumstances which could not be avoided by the employer and the circumstances which justify the closure ..... is not called upon to make any unusual effort to avoid any particular circumstance necessitating the closure of his business mr ..... control of the employer circumstances are not to be considered as avoidable simply because the employer might have restored peace by acceding .....

Janta Transport Co-operative Society Ltd. and anr. Vs. the Regional Tr ...

Court : Rajasthan

Reported in : AIR1961Raj98

..... statute is not plain it should be so interpreted as to avoid the absurdity and inconsistency at page 17 he points out ..... properly conscientiously and diligently thus much of the difficulty can be avoided if the regional transport authority fixes at the very start the ..... i have shown above that such a contingency could be largely avoided by a rigid timely and expeditious enforcement of the procedure .....

Commissioner of Agricultural Income-tax, West Bengal Vs. Jagadish Chan ...

Court : Kolkata

Reported in : AIR1960Cal546,64CWN876

..... acted as a trustee under the deed of trust instead of avoiding the gift the assessee on attaining his majority has ratified it ..... powers of the natural guardian the ward is entitled to avoid it instead of avoiding the transfer the ward on attaining majority may ratify ..... income of the assessee the assessee is no longer entitled to avoid the gift the further question whether his title is extinguished by .....

Mackey Vs. Mendoza-martinez

Court : US Supreme Court

..... page 362 u s 387 general suggests however that the avoidance of a constitutional issue when not clearly necessary and the ..... went to mexico for the sole purpose of evading and avoiding training and service in the armed forces of the united ..... solicitor general s acquiescence in having this case disposed of by avoiding decision of the important constitutional question concerning the validity of .....

Asharfi and anr. Vs. the State

Court : Allahabad

Reported in : AIR1961All153; 1961CriLJ340

..... his integrity and artificial means of judging veracity will foe avoided we should like the u p governmentto incorporate this rule ..... furnish frequent cause for trouble for sometimes in order to avoid recognition a bearded criminal after committing the crime gets himself ..... so so that the possible doing of injustice can be avoided where the accused succeeds in persuading the magistrate to examine .....

Narottamdas Harjiwandas Vs. P.B. Gowarikar, Inspector, Minimum Wages, ...

Court : Madhya Pradesh

Reported in : AIR1961MP182; [1961(2)FLR380]; (1961)ILLJ442MP

..... sattedar to the proprietor the authority regarded this as the scheme to avoid the provisions of law and the liability of the payment of ..... a device or subterfuge on the part of the petitioners to avoid their liability for the payment of minimum rates of wages to ..... business within the limits of law and if within those limits he avoided the necessity to employ the intermediary or the beedi roller as .....