Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Dec-01-1989
Reported in : (1990)(48)ELT552Tri(Mum.)bai
..... acetylene gas is used in or in relation to the manufacture of the finished product. even as per the definition of "manufacture" as laid down in section 2(f) of the central excises and salt act, 1944, it "includes any process incidental or ancillary to the completion of a manufactured product." since the process of removal of unwanted material from the castings ..... ), metal carbides, glass, mineral materials, rubber or plastics (under chapter 84 (8480.00). chapter 84 deals with nuclear reactors, boilers, machinery and mechanical appliances; parts thereof. according to section note 5 of section xvi, the expression 'machine' means, any machine, machinery, plant, equipment, apparatus or appliances cited in the headings of chapter 84 or 85. we are aware that for the purpose .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Dec-01-1989
Reported in : (1990)(30)LC252Tri(Mum.)bai
..... acetylene gas is used in or in relation to the manufacture of the finished product.even as per the definition of "manufacture" us laid down in section 2(f) of the central excises and salt act, 1944, it "includes any process incidental or ancillary to the completion of a manufactured product." since the process of removal of unwanted material from the castings ..... moulds), metal carbides, glass, mineral materials, rubber or plastics under chapter 84 (8480.00).chapter 84 deals with nuclear reactors, boilers, machinery and mechanical appliances; parts thereof. according to section note 5 of section xvi, the expression 'machine' means, any machine, machinery, plant, equipment, apparatus or appliances cited in the headings of chapters 84 or 85. we are aware that for the .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : ILR1990KAR3518
..... 1989 delhi 219 while considering the question as to when the electricity charges become payable, it has been held thus:'11. as i read section 24 of the electricity act and section 283 of the corporation act, it appears to me that the amount of charges would become due and payable only with the submission of the bill and not earlier ..... the period of limitation prescribed for a suit to recover the amount due, does not destroy the right to the amount. it only bars the remedy. section 27 of the limitation act, 1963 only provides that at the determination of the prescribed period of limitation limited to any person for instituting a suit for possession of any property, ..... a company in liquidation not made by a proceeding instituted by the presentation of a plaint, cannot be considered to be a 'suit instituted'. on considering section 3 of the limitation act, 1908, and the explanation thereto, it was held that the application filed by the liquidator could not be considered as a 'suit'. it was also .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-30-1989
Reported in : 1990ACJ949; AIR1990Bom255; 1990(1)BomCR237; (1989)91BOMLR544; [1991]70CompCas567(Bom)
..... liability and the amount has to be paid in terms of the said statute. in this connection he relied on s. 39, sub-section (5) of the insurance act, 1938. section 39(5) is as follows :'section 39(5) : where the policy matures for payment during the lifetime of the person whose life is insured or where the nominee or, ..... deceased person or to any part thereof unless such a person produces a probate or letters of administration or a certificate of grant under the act. he further contended that under section 214, sub-section (1)(b) it is not possible for the present plaintiffs to proceed with the suit unless they obtain a succession certificate as mentioned therein. ..... currency as alleged in paras 3 and 4 of the written statement?3. whether the present substituted plaintiffs are required to obtain a succession certificate under section 214 of indian succession act, before they claim a decree in suit?4. whether the defendants are liable to pay interest, if so at what rate and from what date?5 .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : 1990ACJ757; AIR1990Kant156; [1990]67CompCas287(Kar); ILR1990KAR16
..... a public place except as a passenger to take a policy of insurance complying with the requirements of the various provisions in chapter viii of the act. section 95 of the act prescribes the requirements of policies and limits of liability. inter alia, it provides that the insurer issuing the policy must insure the person or classes ..... iqbal v. bhimaiah, : air1985kant171 . the relevant paragraph was paragraph 20. it reads:--'20. the scope of enquiry, is no doubt, as contemplated in section 92a of the act, which is reproduced above. it states :'where the death or permanent disablement of any person has resulted from an accident arising out of the use of a ..... died and also injured. the persons claiming to be the legal representatives of the deceased persons filed as many as 24 claim petitions under section 110-a of the motor vehicles act ('the act' for short). in the claim petitions they alleged that the accident occurred due to rash and negligent driving of the vehicle. different amounts .....
Tag this Judgment!Court : Orissa
Decided on : Nov-30-1989
Reported in : AIR1990Ori143
..... 32 of theadvocates act would be attracted, everyindividual has a right to defend the causeagainst him. in fact, the summons issued to aparty also provides for ..... . his taking steps is not prohibited by any law. merely because a person so defending happens to be an advocate enrolled under the advocates' act, 1961 is not a circumstance to obstruct him to defend in the aforesaid premises.4. in the present case defendant no. 3 who is an ..... act and any rulesmade thereunder. notwithstanding the same,any court may permit any person who is notan advocate to appear before it in anyparticular case as provided under section 32obviously to discharge the functions in thecourt what an advocate discharges in aparticular case. where, however, a partydefends himself and other defendants alongwith him neither section 29 nor section .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : II(1990)ACC547; [1990]67CompCas453(Kar); ILR1990KAR1
..... between an insured and an insurer against liability by the latter. if such a contract is in respect of a motor vehicle, sub-section (5) and sub-section (1) (b) of section 95 of the act provide that it must cover any liability which may be incurred by him with respect to death or bodily injury to a third party. ..... be read and what are the defences open to the insurance company. the existence or otherwise of an enforceable insurance contract falls outside the scope of section 96(2) of the act are available to an insurance company, the condition precedent to invoke such defences is the existence of an enforceable insurance policy and an obligation on the ..... without obtaining a fresh insurance policy to protect third party interests and the vendee further did not lodge before the registering authority any information as required under section 31 of the act for purposes of purposes of transfer of registration of the vehicle in his name. in the present case, there is no dispute that the ownership of .....
Tag this Judgment!Court : Orissa
Decided on : Nov-30-1989
Reported in : 69(1990)CLT341; 1990CriLJ814
k.p. mohapatra, j.1. the respondent sarat puri along with some other accused persons was tried by the learned sessions judge, balasore for having committed offences under sections 302/323 and 325 read with section 34 i.p.c. and was acquitted of all charges by the impugned judgment which has been assailed in this appeal.2. prosecution case, in brief, is .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-30-1989
Reported in : 1990WLN(UC)59
..... 322 it has been held that human teeth are instrument for cutting. therefore, if any hurt is caused by means of human teeth, the case will fall under section 324 or section 326 of the indian penal code depending on the type of injury. it is common knowledge that human teeth are used for cutting also. therefore, the human tooth ..... teeth voluntarily caused hurt or grievous hurt, as the case may be, then depending the upon the nature of hurt to be cause, will be responsible either under section 324 or section 426 ipc, as the case may be. it appears that there is diversion of opinions of the courts whether tooth-bite injury can be said to have been ..... of imprisonment already undergone and fine shall meet the ends of justice.4. consequently, i partly allow this revision petition. while maintaining the conviction of the accused-petitioner under section 326 ipc, i sentence him to the imprisonment for a period already undergone and a fine of rs. 200/- or in default of fine to further suffer 15 days .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-30-1989
Reported in : 1990WLN(UC)249
K. Bhatnagar, J.1. In this writ petition Under Article 226 of the Constitution of India, petitioner has challanged the impugned Order Annexure-2 dated 30.3.88 by which his services as L.D.C. were terminated.2. Petitioner's mother was in employment as Grade III Teacher with the Government of Rajasthan in the Education Department. She expired on 19.9.75 while in service. The petitioner, after passing B.Sc. examination, applied for appointment as L.D.C. under the provisions of the Rajasthan Recruitment of Dependents of Government Servants dying while in Service Rules, 1975 (for short 'the Rules' hereinafter) and vide Order Annexure-1 dated 3.2.88 was given appointment as L.D.C. in the Education Department. Thereafter vide Annexure-2 dated 30.3.88, the impugned Order, his services were terminated on the ground that his father was not only alive but was also in the Government Service and therefore he did not fall within the definition of `dependant of deceased Government Servant.' As averre...
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