Array ( [0] => ..... of place to mention that different acts like drugs and cosmetics act, 1940, food adulteration act, trade and merchandise marks act, copyright act, designs act etc. have made numerous provisions to protect the consumers. but as is bound to happen in impending legislative explosion following globalisation and numerous existing acts, different authorities act differently. such an approach is ..... and a search in the register." the defendants' reply as extracted above establishes that no such prior search was carried out. section 20(2) of the companies act also relating to 'undesirable names' disallows registration of names already registered and the records of the roc are freely and easily searchable ..... the plaintiff s mark/name is unregistered as on date, the present suit is for passing off action, preserved under section 27(2) of the trade marks act, 1999 ("the act"). article 8 of paris convention for the protection of industrial property administered by wipo to which india is a signatory and ..... [1] => ..... xv) that the respondent no.1 had not refused to receive the alleged notice of demand dated 15th december, 1983; (xvi) that the petition for eviction under section 1(a) of the act without service of notice of demand of rent is not maintainable; (xvii) that the respondent no.1 has already deposited rent for the period from 9th august, ..... 97 instead of rs. 229.59 paise. it was held that the control of rents and evictions, which was initiated in the wake of the partition and population explosion in delhi, served a salutary purpose in the then prevailing situation but over the years the restrictions and limitations imposed and continued by rent control legislations had curtailed the ..... no.1 has been unable to show any need for this court to interfere with the said finding.30. i may even otherwise notice that unlike under section 14(1)(e) of the act as under:-" 14. protection of tenant against eviction. (1) notwithstanding anything to the contrary contained in any other law or contract, no order or ..... [2] => ..... preferred an appeal from the order of the high court granting bail to the respondent accused of the offences under various provisions of the indian penal code, 1860, explosive substances act and the uapa. the case of the prosecution was that the respondent was part of a plan to provide medical aid to the assailants in carrying out the ..... coram: hon'ble mr. justice g.s.sistani hon'ble mr. justice chander shekhar g.s.sistani, j.(oral) 1. this is an appeal under section 21(4) of national investigation agency act, 2008 ( nia act ) filed by the appellant for grant of regular bail. the appellant impugns the order dated 07.11.2016 passed by the special court (nia) whereby ..... higher footing than the appellant herein, who has been released on bail on the consent of the government.24. at the same time, the proviso to sub-section (5) to section 43d, mandates that the accused person cannot be released on bail if on perusal of the case diary or the chargesheet, the court finds that the allegation against ..... [3] => ..... and distributors on behalf of foreign principals and bought and sold on its own account 'under an agreement which was terminable at will the assessee acted as a sole agent of explosives manufactured industries imperial chemical (export) ltd manufactured by imperial chemical industries (export) ltd. that agency was terminated and by way of compensation the imperial ..... sales in that year. the imperial chemical industries (export) ltd. took a formal undertaking from the assessee to refrain from selling or accepting any agency for explosives.7. two questions arose for determination, namely, whether the amounts received by the appellant for loss of agency was in normal course of business and therefore ..... it belongs. he, thus submits, that the ao had rightly held that the entire consideration of rs.3,15,31,750/- was taxable under section 28 (ii) of the act. mr. hossain thereafter submits that a perusal of the list of clients of the assessee, which included some of the most well known companies, ..... [4] => ..... differently. hence, we are disposed to adopt the rule in claims for compensation made in respect of motor accidents.20. "no fault liability" envisaged in section 140 of the mv act is distinguishable from the rule of strict liability. in the former fao1592013 page 49 of 56 the compensation amount is fixed and is payable even if any ..... the enactment in preference to a construction which tends to defeat that purpose. 17. in that case in regard to the contention of proximity between the accident and the explosion that took place this court held: 36. this would show that as compared to the expression caused by , the expression arising out of has a wider connotation. ..... the findings of the learned single judge against which the matter came up before the supreme court. the supreme court dismissed the special leave petition holding that the explosion and fire resulting in injuries and death was due to the accident arising out of the use of the motor vehicle. the relevant portion of the judgment is ..... [5] => ..... differently. hence, we are disposed to adopt the rule in claims for compensation made in respect of motor accidents.20. "no fault liability" envisaged in section 140 of the mv act is distinguishable from the rule of strict liability. in the former the compensation amount is fixed and is payable even if any one of the exceptions to ..... the findings of the learned single judge against which the matter came up before the supreme court. the supreme court dismissed the special leave petition holding that the explosion and fire resulting in injuries and death was due to the accident arising out of the use of the motor vehicle. the relevant portion of the judgment is ..... burn injuries and few of them succumbed to the injuries. the victims filed the claim petitions which were dismissed by the claims tribunal on the ground that the explosion and the fire had no connection with the accident, and was altogether an independent accident. the appeal was allowed by the learned single judge of the high court ..... [6] => ..... differently. hence, we are disposed to adopt the rule in claims for compensation made in respect of motor accidents.20. "no fault liability" envisaged in section 140 of the mv act is distinguishable from the rule of strict liability. in the former the compensation amount is fixed and is payable even if any one of the exceptions to ..... the findings of the learned single judge against which the matter came up before the supreme court. the supreme court dismissed the special leave petition holding that the explosion and fire resulting in injuries and death was due to the accident arising out of the use of the motor vehicle. the relevant portion of the judgment is ..... burn injuries and few of them succumbed to the injuries. the victims filed the claim petitions which were dismissed by the claims tribunal on the ground that the explosion and the fire had no connection with the accident, and was altogether an independent accident. the appeal was allowed by the learned single judge of the high court ..... [7] => ..... laws like narcotic drugs and psychotropic substances act, 1985, explosive substances act, 1908, unlawful activities (prevention) act, 1967, arms act, 1959, prevention of corruption act, 1988, customs act, 1962, etc. the next part (part b) of the schedule specifies the offence under section 132 of the customs act, 1962 as a scheduled offence while ..... the last (part c) includes some such offences as have "cross border implications".73. the first proviso to section ..... officers of the police and, therefore, the police officers had no independent role to play in exercise of powers under the customs act as in sections 45 and 46 of fera. while observing that "conclusions (had) to be drawn which are in the tenor of the ..... [8] => ..... and unloading of exported and imported goods. the petitioner has been appointed as custodian of goods for central board of excise and customs (cbec) under section 45 of the customs act, 1962 vide public notice no.with effect from 01.09.1993. the petitioner being the custodian of the loaded imported and exported goods under the ..... there was no quarrel with directions contained in (a), (d) and (e) viz. to remove all the materials i.e. all obnoxious chemical/gas, any explosive material and any other material which could cause health hazard to the public in the vicinity; disaster management plan be submitted immediately to mitigate any emergency/disaster and an ..... submitted immediately to mitigate any emergency/disaster. e) an undertaking from concor be filed in this court to the effect that no container having obnoxious chemical/gas/explosive be allowed at the site, which may lead to any disaster. the case was thereafter fixed for 12.05.2017. the present revision petition has been filed ..... [9] => ..... and american decisions, some of which have been taken note of in esi corpn. in regard to essential ingredients for such finding and the tests attracting the provisions of section 3 of the act. the principles are: (1) there must be a causal connection between the injury and the accident and the accident and the work done in the course of ..... of appeal and the house of lords: no doubt the ordinary accident," said lord loreburn, l.c. "is associated with something external: the bursting of a boiler or an explosion in a mine, for example. but it may be merely from the man's own miscalculation, such as tripping and falling. or it may be due both to internal and ..... of the incident, namely, 9-10-1996. it is, therefore, difficult to hold that a subsequent event and that too by raising a presumption in terms of section 108 of the evidence act can give rise to fructification of claim, save and except in very exceptional cases. (underlining added) 16.(i) a reading of the aforesaid paras of the judgment ..... [10] => ..... , after conducting trial on fifty-four additional patients at a dosage strength of 0.2mg/kg.22. on 18.07.2016, the 22nd subject expert committee (sec - neurology and psychiatry) in light of the representation made by respondent no.2 recommended the approval of marketing authorization of tenecteplase for ais within three hours of ..... principal controversy involved in the present petition is whether the marketing approval granted to respondent no.2 for the said drug (tenectase) is in accordance with the act and the rules. the petitioner claims that the marketing approval has been granted without respondent no.2 conducting the necessary trials as specified under schedule y of ..... no.2 contends that the marketing approval granted to its drug tenectase , has been granted as a new drug under the provisions of the drugs and cosmetics act, 1940 (hereafter the act ) and the drug and cosmetic rules, 1945 (hereafter the rules ). it also disputes that tenectase is a biosimilar of tenecteplase (tnk-t-pa).3 ..... [11] => ..... the extent that no reasonable man conversant with the facts of the law, would arrive at the said conclusion, that this court could interfere, under section 35b of the act. we are not convinced that the manner in which evidence has been appreciated by the cestat, in the present case, suffers from such perversity, as ..... appreciable evidence ordinarily, would not involve substantial question of law, as this court, in exercise of its powers ceac502018 page 24 of 27 conferred by section 35h of the act, is not empowered to reappreciate evidence, which has already been appreciated by the cestat. it is only where the appreciation of evidence by the cestat ..... working of both the furnaces simultaneously. this fact was corroborated by the voluntarily statement made by shri. mangat rai, director of the firm under section 14 of the central excise act, 1944 dated 25-4-2013. therefore no technical opinion was warranted. ii. productive capacity of the party was based upon the investigations conducted in ..... [12] => ..... ex. pw1/126. the aforesaid books of account are maintained in electronic form and a copy thereof has been proved by way of a certificate under section 65b of the evidence act. the extract of statement of mr. satish chandra pandey from evidence by way of affidavit is reproduced hereunder: i say that the plaintiff maintains, in ..... by the authorized signatory of the plaintiff is respect of statement of account/ email/ computer print outs in the suit is exhibit pw1126. 36. section 34 of the indian evidence act 1872 deals with the relevance of entries in the books of account including those maintained in an electronic cs (os) 2244/2010 page 24 of ..... 2 of 29 dated 27th august 2010. consequently, the plaintiff, through its advocate, issued and got served another legal notice dated 14th september 2010 under section 138 of the negotiable instruments act, 1881. the notice did not yield the desired result and criminal proceedings were initiated. pursuant thereto, defendant no.1 made payment of rs. 10 ..... [13] => ..... would have ample time for phone communications after the cycle tests are over.9. it is further stated that the act of abetment of suicide cannot be read in isolation and has to be read with section 107 ipc which carries the wisdom to distinguish what constitutes instigation and what does not.10. it is further stated ..... that contents of suicide note and the sentences allegedly written on the palms and hand of the deceased nowhere suggest that the applicant had abetted the deceased in the commission of the act of suicide. ..... the suicide note, photographs pertaining to the words written on the right and left palms and left hand of the deceased child and statement of witnesses recorded under section 161 cr.p.c. though, it is forcefully contended by learned counsel for the petitioner that there is no direct association of petitioner with the suicide committed ..... [14] => ..... nilothi extension property.5. this court had already observed in its order, dated 30th november, 2018, that as she is residing in the said property, section 106 of the indian evidence act, 1872, cast onus was on the respondent to file documents, under establishing that the nilothi extension property did not belong to late shri prem singh and ..... /plaintiff is living in this nilothi extension property with her other son, and who is the brother of the appellant, namely, sh. sandeep. under section 106 of the indian evidence act a person must file all documents in his power and possession which are relevant to determine an issue, and the respondent no.1/plaintiff as also the ..... his father is shown as prem singh. admittedly, when appellant was given to dw3-smt.kailasho devi, she had her elder son alive and per section 15 of the hindu adoption and maintenance act, 1956 she, even otherwise, could not have adopted the appellant since had a surviving son. more so, neither datta homam ceremony nor any ..... [15] => ..... image and to improve the international image of the indian justice delivery system. the apex court has though, consistently spoke about the liberal approach to section 5 of the limitation act, but the essence of sufficient cause has always been given the importance, while deciding the applications on delay.27. the supreme court in catena of ..... that appeal under the statute can be entertained and decided if it is presented beyond the prescribed period and the additional period. by relying upon section 5 of the limitation act, 1963, the argument was that the appeal can be entertained. it is in that context the hon'ble supreme court applied the principle in ..... preferring an appeal. in the absence of any clause condoning the delay by showing sufficient cause after the prescribed period, there is complete exclusion of section 5 of the limitation act. the high court was, therefore, justified in holding that there was no power to condone the delay after expiry of the prescribed period of 180 ..... [16] => ..... stands crystallized today, that findings of fact as well as of law, of the arbitrator/arbitral tribunal are ordinarily not amenable to interference either under section 34 or section 37 of the act. the scope of interference is only where the findings of the tribunal are either contrary to the terms of the contract between the parties, or ..... the law is settled that where the arbitrator has assessed the material and evidence placed before him in detail, the court while considering the objections under section 34 of the said act does not sit as a court of appeal and is not expected to re- appreciate the entire evidence and reassess the case of the parties. the ..... contract. secondly, the contract need not be written and signed by the contractor in all cases, it can be a verbal agreement (though the mandate of section 7(3) of the act only recognizes written agreement). he submits that the contract in this scenario was contained in the award notification read with bid (tender) document and bid, ..... [17] => ..... is a part of the family arrangement may enforce the covenant. in krishna lal sadhu v. pramila bala dasi [ilr55cal 1315]. rankin, c.j.observed: clause (d) of section 2 of the contract act widens the definition of consideration so as to enable a party to a contract to enforce the same in india in certain cases in which the english law ..... as the recipient of a purely voluntary promise and would refuse to him a right of action on the ground of nudum pactum. not only, however, is there nothing in section 2 to encourage the idea that contracts can be enforced by a person who is not a party to the contract, but this notion is rightly excluded by the definition ..... s/o late s. trilok singh r/o 5/22, roop nagar, delhi 110007. ultimately the delhi improvement trust was succeeded by delhi development authority under the delhi development act 1959 no.61 of 1957 and all contracts entered into by the delhi improvement trust were deemed to have been entered into by the dda. finally the dda transferred the ..... [18] => ..... money to the petitioner, the dgbr could not utilise the plants and the process of road construction suffered.32. while examining the objections against the award under section 34 of the act, the scope of judicial review is extremely narrow. the arbitrator is a master of facts and evidence. in the present case, the arbitrator has gone into ..... between parties keeping in mind that none of the conditions of at have been challenged by the petitioner, as well as the scope of judicial review under section 34 of the act.25. a reading of the contract and its various clauses, brings out that the contract in question was for supply, erection and commissioning of two auto ..... advocate coram: hon'ble ms. justice jyoti singh jyoti singh, j o.m.p. (comm) 459/2016 judgment1 present petition has been filed under section 34 of the arbitration and conciliation act, 1996 ( act ) seeking to set aside the award passed by the sole arbitrator on 07.07.2015.2. the necessary facts to decide the present petition are ..... [19] => ..... my opinion, what is not contractually enforceable is also not enforceable invoking law of torts.31. inspite of specific query, whether there is equivalent in uk, of section 27 of the contract act, no response has come. i find supreme court in gujarat bottling co. ltd. supra to have held that while under the common law in england, restraints of ..... carry on any occupation, trade or business, can be imposed only by law. the law of tort of unreasonable interference in carrying on business, in view of section 27 of the contract act in force since 1872, was not the existing law within the meaning of article 19 (6) of the constitution.33. i have in independent news service pvt. ..... ltd. vs. sucherita kukreti(2019) 257 dlt426 in the context of section 27 of the contract act held the right saved thereby to be a facet of article 21 of the constitution of india. the judgment of the division bench of allahabad high court of ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Delhi - Page 10 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: delhi Page 10 of about 19,101 results (0.093 seconds)

Aug 31 2017 (HC)

Optimus Pharma Pvt Ltd vs.rishabh Lohia & Anr

Court : Delhi

..... of place to mention that different acts like drugs and cosmetics act, 1940, food adulteration act, trade and merchandise marks act, copyright act, designs act etc. have made numerous provisions to protect the consumers. but as is bound to happen in impending legislative explosion following globalisation and numerous existing acts, different authorities act differently. such an approach is ..... and a search in the register." the defendants' reply as extracted above establishes that no such prior search was carried out. section 20(2) of the companies act also relating to 'undesirable names' disallows registration of names already registered and the records of the roc are freely and easily searchable ..... the plaintiff s mark/name is unregistered as on date, the present suit is for passing off action, preserved under section 27(2) of the trade marks act, 1999 ("the act"). article 8 of paris convention for the protection of industrial property administered by wipo to which india is a signatory and .....

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Aug 28 2017 (HC)

Ravi Nath Sharma (Deceased) Through Lrs vs.jagdish Prasad Sharma (Dece ...

Court : Delhi

..... xv) that the respondent no.1 had not refused to receive the alleged notice of demand dated 15th december, 1983; (xvi) that the petition for eviction under section 1(a) of the act without service of notice of demand of rent is not maintainable; (xvii) that the respondent no.1 has already deposited rent for the period from 9th august, ..... 97 instead of rs. 229.59 paise. it was held that the control of rents and evictions, which was initiated in the wake of the partition and population explosion in delhi, served a salutary purpose in the then prevailing situation but over the years the restrictions and limitations imposed and continued by rent control legislations had curtailed the ..... no.1 has been unable to show any need for this court to interfere with the said finding.30. i may even otherwise notice that unlike under section 14(1)(e) of the act as under:-" 14. protection of tenant against eviction. (1) notwithstanding anything to the contrary contained in any other law or contract, no order or .....

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Aug 22 2017 (HC)

Wuthikorn Naruenartwanch @ Willy vs.national Investigation Agency

Court : Delhi

..... preferred an appeal from the order of the high court granting bail to the respondent accused of the offences under various provisions of the indian penal code, 1860, explosive substances act and the uapa. the case of the prosecution was that the respondent was part of a plan to provide medical aid to the assailants in carrying out the ..... coram: hon'ble mr. justice g.s.sistani hon'ble mr. justice chander shekhar g.s.sistani, j.(oral) 1. this is an appeal under section 21(4) of national investigation agency act, 2008 ( nia act ) filed by the appellant for grant of regular bail. the appellant impugns the order dated 07.11.2016 passed by the special court (nia) whereby ..... higher footing than the appellant herein, who has been released on bail on the consent of the government.24. at the same time, the proviso to sub-section (5) to section 43d, mandates that the accused person cannot be released on bail if on perusal of the case diary or the chargesheet, the court finds that the allegation against .....

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Aug 11 2017 (HC)

Commissioner of Income Tax, Del vs.mrs. Tara Sinha

Court : Delhi

..... and distributors on behalf of foreign principals and bought and sold on its own account 'under an agreement which was terminable at will the assessee acted as a sole agent of explosives manufactured industries imperial chemical (export) ltd manufactured by imperial chemical industries (export) ltd. that agency was terminated and by way of compensation the imperial ..... sales in that year. the imperial chemical industries (export) ltd. took a formal undertaking from the assessee to refrain from selling or accepting any agency for explosives.7. two questions arose for determination, namely, whether the amounts received by the appellant for loss of agency was in normal course of business and therefore ..... it belongs. he, thus submits, that the ao had rightly held that the entire consideration of rs.3,15,31,750/- was taxable under section 28 (ii) of the act. mr. hossain thereafter submits that a perusal of the list of clients of the assessee, which included some of the most well known companies, .....

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Aug 09 2017 (HC)

United India Insurance Co. Ltd. Vs.kamlesh & Ors.

Court : Delhi

..... differently. hence, we are disposed to adopt the rule in claims for compensation made in respect of motor accidents.20. "no fault liability" envisaged in section 140 of the mv act is distinguishable from the rule of strict liability. in the former fao1592013 page 49 of 56 the compensation amount is fixed and is payable even if any ..... the enactment in preference to a construction which tends to defeat that purpose. 17. in that case in regard to the contention of proximity between the accident and the explosion that took place this court held: 36. this would show that as compared to the expression caused by , the expression arising out of has a wider connotation. ..... the findings of the learned single judge against which the matter came up before the supreme court. the supreme court dismissed the special leave petition holding that the explosion and fire resulting in injuries and death was due to the accident arising out of the use of the motor vehicle. the relevant portion of the judgment is .....

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Jul 18 2017 (HC)

Jaiveer vs.the New India Assurance Co Ltd & Anr.

Court : Delhi

..... differently. hence, we are disposed to adopt the rule in claims for compensation made in respect of motor accidents.20. "no fault liability" envisaged in section 140 of the mv act is distinguishable from the rule of strict liability. in the former the compensation amount is fixed and is payable even if any one of the exceptions to ..... the findings of the learned single judge against which the matter came up before the supreme court. the supreme court dismissed the special leave petition holding that the explosion and fire resulting in injuries and death was due to the accident arising out of the use of the motor vehicle. the relevant portion of the judgment is ..... burn injuries and few of them succumbed to the injuries. the victims filed the claim petitions which were dismissed by the claims tribunal on the ground that the explosion and the fire had no connection with the accident, and was altogether an independent accident. the appeal was allowed by the learned single judge of the high court .....

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Jul 18 2017 (HC)

The New India Assurance co.ltd. Vs.jaiveer & Anr.

Court : Delhi

..... differently. hence, we are disposed to adopt the rule in claims for compensation made in respect of motor accidents.20. "no fault liability" envisaged in section 140 of the mv act is distinguishable from the rule of strict liability. in the former the compensation amount is fixed and is payable even if any one of the exceptions to ..... the findings of the learned single judge against which the matter came up before the supreme court. the supreme court dismissed the special leave petition holding that the explosion and fire resulting in injuries and death was due to the accident arising out of the use of the motor vehicle. the relevant portion of the judgment is ..... burn injuries and few of them succumbed to the injuries. the victims filed the claim petitions which were dismissed by the claims tribunal on the ground that the explosion and the fire had no connection with the accident, and was altogether an independent accident. the appeal was allowed by the learned single judge of the high court .....

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Jul 03 2017 (HC)

Virbhadra Singh & Anr vs.enforcement Directorate & Anr

Court : Delhi

..... laws like narcotic drugs and psychotropic substances act, 1985, explosive substances act, 1908, unlawful activities (prevention) act, 1967, arms act, 1959, prevention of corruption act, 1988, customs act, 1962, etc. the next part (part b) of the schedule specifies the offence under section 132 of the customs act, 1962 as a scheduled offence while ..... the last (part c) includes some such offences as have "cross border implications".73. the first proviso to section ..... officers of the police and, therefore, the police officers had no independent role to play in exercise of powers under the customs act as in sections 45 and 46 of fera. while observing that "conclusions (had) to be drawn which are in the tenor of the .....

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May 31 2017 (HC)

Container Corp. Of India vs.state

Court : Delhi

..... and unloading of exported and imported goods. the petitioner has been appointed as custodian of goods for central board of excise and customs (cbec) under section 45 of the customs act, 1962 vide public notice no.with effect from 01.09.1993. the petitioner being the custodian of the loaded imported and exported goods under the ..... there was no quarrel with directions contained in (a), (d) and (e) viz. to remove all the materials i.e. all obnoxious chemical/gas, any explosive material and any other material which could cause health hazard to the public in the vicinity; disaster management plan be submitted immediately to mitigate any emergency/disaster and an ..... submitted immediately to mitigate any emergency/disaster. e) an undertaking from concor be filed in this court to the effect that no container having obnoxious chemical/gas/explosive be allowed at the site, which may lead to any disaster. the case was thereafter fixed for 12.05.2017. the present revision petition has been filed .....

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May 16 2017 (HC)

Tata Aig General Insurance Co. Ltd vs.neeta Kumari & Anr.

Court : Delhi

..... and american decisions, some of which have been taken note of in esi corpn. in regard to essential ingredients for such finding and the tests attracting the provisions of section 3 of the act. the principles are: (1) there must be a causal connection between the injury and the accident and the accident and the work done in the course of ..... of appeal and the house of lords: no doubt the ordinary accident," said lord loreburn, l.c. "is associated with something external: the bursting of a boiler or an explosion in a mine, for example. but it may be merely from the man's own miscalculation, such as tripping and falling. or it may be due both to internal and ..... of the incident, namely, 9-10-1996. it is, therefore, difficult to hold that a subsequent event and that too by raising a presumption in terms of section 108 of the evidence act can give rise to fructification of claim, save and except in very exceptional cases. (underlining added) 16.(i) a reading of the aforesaid paras of the judgment .....

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