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Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Year: 1949 Page 47 of about 527 results (0.169 seconds)

Feb 22 1949 (PC)

General Insurance Co., Ltd. Vs. Commissioner of Income-tax, Bengal.

Court : Kolkata

Decided on : Feb-22-1949

Reported in : [1949]17ITR331(Cal)

..... by the judicial committee in syud tuffussool hossein khan v. rughoonath pershad, that the expectant claim under an inchoate award was not property within the meaning of section 205 of act viii of 1859 (now repealed) and was to salable in execution of a decree. 'an existing debt, though payable at a future day, may be ..... contract is entered into between the insurer and the insured though that contract cannot be enforced unless and until a particular event has happened ( vide section 32 of the indian contract act). an insurance company has to make provisions for meeting the liability if it actually accrues on the happening of a particular event. the primary ..... banchharman majumdar v. adyanath bhattacharjee, jenkin c.j., and mookerjee, j., made it clear and applied the ordinary meaning of the word 'debt' in interpreting section 4 of the succession certificate act (vii of 1889) : 'a sum of money which is certainly and in all events payable is a debt, without regard to the fact whether it .....

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Feb 22 1949 (PC)

Commissioner of Income-tax, Calcutta Vs. Messrs. Piggot Chapman and Co ...

Court : Kolkata

Decided on : Feb-22-1949

Reported in : [1949]17ITR317(Cal)

..... must be held that the amount in question was not an item of capital expenditure but was a revenue expenditure allowable as an admissible deduction under section 10(2)(xii) of the income-tax act as it stood before its amendment in 1946. the question raised must, therefore, be answered in the affirmative. the assessee respondent is entitled to ..... mr. mitchell innes wholly and exclusively for the purpose of the business was a revenue expenditure so as to be allowable as an admissible deduction under section 10(2)(xii) of the income-tax act (as it stood before its amendment in 1946).'messrs. piggot chapman & co. is a firm of exchange brokers mr. mitchell innes and mr. ..... on the answer as to whether such payment is an item of revenue expenditure or a capital one.section 10 of the indian income-tax act indicates the method for calculating the profits or gains of a business. sub-section (2) of that section recites a number of allowance, of which only clause (xii) is relevant for out purpose. the .....

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Feb 21 1949 (PC)

Sri Krishna Chandra Gajpati Narayan Deo Vs. K. Hanumantha Rao

Court : Orissa

Decided on : Feb-21-1949

Reported in : AIR1950Ori241

..... standing in kind of fiduciary relation to each other as principal and agent in the way in which the present plaintiff and his sheristadar are related. sections 211 and 212, contract act, relating to the duty of an agent to the principal has to be borne in mind in judging whether or not the loss occasioned by ..... are required for purposes of execution and decrees, the indent and the pay-slip after being prepared in the office and checked by the head clerk of the section go to the sheristadar who sanctions them for payment. the concerned clerk draws the money thereupon and after utilising the money and filing the execution petition prepares the ..... circumstances. the plaintiff-maharaja in the coarse of administration of his estate and collection of rents, obtains decrees for arrears of rent as against defaulting tenants. one section of his office staff attends to the steps necessary to be taken for realisation of these decrees by execution in various courts. monies are drawn from time to .....

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Feb 21 1949 (PC)

Padmaraja Shetty and ors.

Court : Chennai

Decided on : Feb-21-1949

Reported in : AIR1951Mad746

..... can be of real circumstantial evidence of his connection with the crime. 11. in india the same principles have been embodied in the statutory form. section 133, evidence act reads as follows:'an accomplice shall be a competent witness against an accused person; & a conviction is not illegal merely because it proceeds upon the ..... the learned judges in regard to the scope of corroborative evidence are left untouched. at p. 396, the learned judges state the law as follows:'section 133, evidence act, states that an accomplice shall be a competent witness against an accused person & a conviction is not illegal merely because it proceeds upon the uncorroborated ..... to be inferior to the evidence of one approver corroborated by the evidence of another,'we respectfully agree with these observations. if this principle is accepted section 30, evidence act, does not become nugatory. there will be very many circumstances when the co-accused's confession could be & should be taken into consideration by .....

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Feb 21 1949 (PC)

In Re: Padmaraja Shetty and ors.

Court : Chennai

Decided on : Feb-21-1949

Reported in : (1949)2MLJ428

..... to that of the evidence of one approver corroborated by the evidence of another.we respectfully agree with these observations. if this principle is accepted, section 30 of the evidence act does not become nugatory. there will be very many circumstances when the co-accused's confession could be and should be taken into consideration by ..... learned judges in regard to the scope of corroborative evidence are left untouched. at page 396, the learned judges state the law as follows:section 133 of the indian evidence act states that an accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the ..... can be of real circumstantial evidence of his connection with the crime.7. in india the same principles have been embodied in the statutory form. section 133 of the indian evidence act reads as follows:an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon .....

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Feb 17 1949 (PC)

Bhuboni Sahu Vs. the King

Court : Mumbai

Decided on : Feb-17-1949

Reported in : (1949)51BOMLR955

..... (1866) 5 w.r. (cr) 80 that the law relating to accomplice evidence was the same in india as in england. then came the indian evidence act which by section 133 enacts thatan accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of ..... of an accomplice supported only by the confession1 of a co-accused. their lordships whilst not doubting that such a conviction is justified in law under section 183 of the evidence act, and whilst appreciating that the coincidence of a number of confessions of co-accused all implicating the particular accused, given independently, and without an opportunity ..... a confession of a co-accused is obviously evidence of a very weak type. it does not indeed come within the definition of 'evidence' contained in section 8 of the evidence act. it is not required to be given on oath, nor in the presence of the accused, and it cannot be tested by cross-examination. it is .....

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Feb 17 1949 (PC)

Bhuboni Sahu Vs. the King

Court : Privy Council

Decided on : Feb-17-1949

Reported in : AIR1949PC257

..... confession of trinath as sufficient corroboration of the evidence of the approver. this involves consideration of the position of the confession of a co-accused under indian law. section 30, evidence act, enacts : "when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some ..... , however, provides that the court may take the confession into consideration and thereby, no doubt, makes it evidence on which the court may act; but the section does not say that the confession is to amount to proof. clearly there must be other evidence. the confession is only one element in the consideration of ..... evidence given in the sessions court. some discussion took place in the high court as to whether under s.157, evidence act the court could use the statement made by the approver under s. 164, criminal p. c. section 157 is in these terms : "in order to corroborate the testimony of a witness, any former statement made by such .....

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Feb 14 1949 (PC)

Oivind Lorentzen, as Director of Shipping and Curator of the Royal Nor ...

Court : Privy Council

Decided on : Feb-14-1949

Reported in : AIR1949PC200

..... proceeding inwards. [18] in these circumstances, the chief justice in the supreme court held that these local regulations, coupled with the known and terrible risks of an explosion, constituted " special circumstances " within article 27 of the regulations for preventing collisions at sea "which may render a departure from the above rules necessary in order to ..... and killed about 17,000 of the inhabitants. early in the last world war, a canadian order in council dc 2412, issued under the canadian war measures act, provided for the governmental regulation of navigation within canadian waters, and among other things by cl. 1 required every vessel in those waters to comply with such ..... instead of going astern went ahead for 8 minutes. the trial judge accepted that evidence and bated on it his finding that the order to stop was not acted upon at once. but in the supreme court this conclusion was convincingly analysed and rejected by kellog, j., and their lordships are in full agreement with .....

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Feb 14 1949 (FN)

Lawson Vs. Suwannee Fruit and Steamship Co.

Court : US Supreme Court

Decided on : Feb-14-1949

..... . britton, 79 u.s.app.d.c. 309, 147 f.2d 561, cert. denied, 325 u.s. 857, we granted certiorari. page 336 u. s. 200 section 8(f)(1) of the act provides that, "if an employee receive an injury which of itself would only cause permanent partial disability but which, combined with a previous disability, [ footnote 2 ] does, in ..... . when read in its ordinary sense, it can have but one meaning": liability for the second injury fund. but the word "disability" is defined in the statute. section 2 provides that, "when used in this act . . . , (10) "disability" means incapacity because of injury. . . ." (emphasis supplied.) the word "injury" is, in turn, defined as "accidental injury or death arising out of and ..... in 8(f)(1) is not to be construed as a term of art, but rather in a broader and more usual concept. pp. 336 u. s. 200 -202. 3. section 8(f)(1) is not to be read as creating a distinction between a worker previously injured in industry and one handicapped by a nonindustrial cause. pp. 336 u. s .....

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Feb 14 1949 (FN)

WisconsIn Elec. Power Co. Vs. United States

Court : US Supreme Court

Decided on : Feb-14-1949

..... , although it might fall within the industrial category if sold to a consumer who did nothing but manufacture shirts. since any other interpretation of the section would entail the almost insurmountable administrative difficulty of classifying all the electricity sold to a plant according to the specific operations to which such power was ..... definition which differentiates for this statutory clause between industrial and commercial in other lines of business activity. that is a problem primarily for the administrators of the section, with knowledge of the specific and varying facts. the legislative history indicates that the term "commercial" was meant to apply to the nature of the ..... 47 stat. 169, 266. this act was amended in 1933 to make the burden of the tax fall directly upon the vendor. 48 stat. 254, 256. no change of any significance for our purposes has occurred since the original enactment of this provision. although the language of the section does not include the word "industrial .....

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