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Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 10 appeal against non registration or cancellation Court: kolkata Page 3 of about 75 results (0.119 seconds)

Sep 30 1993 (TRI)

Union Carbide Corpn. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1994)50ITD437(Kol.)

..... that the assessee is continuously engaged in scientific research on a large scale in u.s.a.in connection with carbamate pesticides and formulation of carbamate insecticides. it employs a large research staff and maintains extensive research laboratories and other facilities for research in u.s.a. it has trained and experienced personnel ..... knowledge, such as those rendered by the assessee, would fall for consideration as technical or managerial services within the meaning of explanation 2 to section 9(1)(vii) of the act. there appears to be no warrant for making any such distinction. no words indicating any justification for drawing such distinction are found in ..... of the services contemplated by the agreement would fall within the types of services specified in the definition of the "royalty" in explanation 2 to section 9(1)(vi) of the act. the explanation reads as under: explanation 2 : for the purposes of this clause, 'royalty' means consideration (including any lump(sum consideration but .....

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Dec 20 1945 (PC)

inland Revenue Commissioners Vs. the National Anti-vivisection Society ...

Court : Kolkata

Reported in : [1947]15ITR9(Cal)

..... we tread upon, in corporal sufferance finds a pang as great as when a giant dies,'a society to promote legislation to prohibit the manufacture and sale of all insecticides would seem to have good ground for a like claim. for these reasons i cannot think that the case of foveaux, in re, constrains me, as the ..... be killed as soon as the object has been attained. i need not take up time by referring to other provisions of the act which (sections 22) does not apply to invertebrate animals.the object of the act, therefore, was to limit and regulate experiments calculated to give pain; to provide, save an exceptional cases, that such experiments ..... purposes would inflict incalculable injury on the community and on all mankind. the primary avowed purpose of the society is to induce the legislature 'totally to suppress the practice of section.' other avowed objects are (1) 'opposition to the immunization, by inoculation, of the members of the armed forces against typhoid' and (2) 'opposition to the .....

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Jul 12 1932 (PC)

Emperor Vs. Parimal Chatterjee and ors.

Court : Kolkata

Reported in : AIR1932Cal760

..... sessions judge that inasmuch as the public had not seen or read the leaflets in question, there had not been any abetment or instigation or incitement within the meaning of section 117, i. p. c., and that in the events which had happened, the prosecution of the three youths in question was not maintainable. the learned sessions judge was ..... of opinion that it was not necessary to show that any member of the public should have been incited. section 117, i. p.c., runs as follows:whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, ..... in this sense it makes instigation tantamount to abetment. the word 'instigate' literally means to goad or urge forward or to provoke, incite, urge or encourge to do an act. a person may however not only instigate another, but he may co-operate with him and his co-operation may consist of counsel or, conjoint action. in either case, .....

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Jul 12 1932 (PC)

Parimal Chatterji and anr. Vs. Emperor

Court : Kolkata

Reported in : 140Ind.Cas.787

..... judge that inasmuch as the public had not seen or read the leaflets in question, there had not been any abetment or instigation or incitement within the meaning of section 107, indian penal code, and that in the events which had happened, tie prosecution of the three youths in question was not maintainable. the learned sessions judge was ..... of opinion that it was not necessary to show that any member of the public should have been, incited.5. section 117, indian penal code runs as follows:whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, ..... this sense it makes instigation tantamount to abetment. the word 'instigate' literally means to goad or urge forward or to provoke, incite, urge or encourage to do an act. a person may however not only instigate another, but he may co-operate with him and co-operation may consist of counsel or conjoint action, in either case, there .....

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Sep 12 1933 (PC)

Mukunda Murari Pal Vs. Emperor

Court : Kolkata

Reported in : AIR1934Cal10

..... 18 jurors were summoned though nine jurors attended and were chosen without objection yet the jury were not properly constituted according to the above sections. this case however was overruled by the full bench decision in the case of emperor v. erman ali : air1930cal212 where the ..... guns and had plenty of ammunition and they entered the shop for the purpose of committing robbery. when they were disturbed in their act by a large number of villagers they decided to retreat and in so retreating they fired a large number of shots. it is ..... engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (3) intentionally aids, ..... by any act or illegal omission, the doing of that thing.4. as the learned sessions judge rightly pointed out to the jury in .....

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Sep 13 1933 (PC)

Mukunda Murari Pal Vs. Emperor

Court : Kolkata

Reported in : 155Ind.Cas.599

..... jurors were summoned. in the present case, 18 jurors were summoned and there can be no objection on the score that a proper number of jurors were not summoned under section 326, criminal procedure code. the question is whether the learned judge duly complied with a. 274, criminal procedure code, according to which he should have considered whether it was practicable to have ..... . the two men were armed with guns and had plenty of ammunition and they entered the shop for the purpose of committing robbery. when they were disturbed in their act by a large number of villagers they decided to retreat, and in so retreating, they fired a large number of shots. it is clear that their primary intention was ..... 1930 cat. 60; (1930) cr. cas. 12 : 31 cr. l.j. 377 : 56 c. 1154 : 33 c.w.n. 692; ind. rul. (1930) cal. 2l9 intentionally aids, by any act or illegal omission, the doing of that thing.4. as the learned sessions judge rightly pointed out to the jury in the present case there is nothing to show that .....

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Sep 08 1910 (PC)

Emperor Vs. Chaturbhuj Sahu

Court : Kolkata

Reported in : (1911)ILR38Cal96

..... phials of cocaine from him. the excise sub-inspector stated that he gave money to bibhuti bhusan in order to purchase the cocaine. the petitioner has been convicted under section 46 of act v of 1909, and has been sentenced to a fine of rs. 200.5. on these facts the learned sessions judge is of opinion that bibhuti bhusan must ..... established that a police spy does not need corroboration.'10. in reg. v. shankar shohag (1888) ratan unrep cr. ca. 428 birdwood and jardine jj., following the rule stated in section 971 of taylor on evidence which is based on the summing up of lord ellenborough in rest v. despard (1803) 28 how. st. tr. 346, 489, held that persons ..... to regard this order as a ruling of the court on a point of law.3. doss j. this is a reference by the sessions judge of bhagalpore, under section 438 of the criminal-procedure code, recommending that the conviction and sentence on the petitioner be set aside on the ground that it is based on the uncorroborated testimony of an accomplice .....

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Sep 21 2007 (HC)

Sandip Bhattacharjee Vs. the State of West Bengal and anr.

Court : Kolkata

Reported in : (2008)1CALLT27(HC)

..... place in pursuance of that conspiracy, and in order to the doing of that thing;thirdly - intentionally aids, by may act or illegal omission, the doing of that thing.10. a plain reading of the said section will reveal that for constituting the offence of abetment, the accused should either instigate any person to do the thing or ..... other person or persons in any conspiracy for dong of that thing or intentionally aid by any act or omission the doing of that thing. the word 'instigate', as it appears in section 107 is very vital for proving a case under section 306 of the indian penal code against an accused. according to oxford dictionary 'instigation' means ' ..... to goad or urge forward' to incite, urge, encourage to do act. black defines 'instigation' as to goad or incite someone to .....

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May 18 2010 (HC)

Sri Khagendra Nath Dutta Vs. Sri Sauvik Hazra and anr.

Court : Kolkata

..... or danger to life, limb or health of the woman.37. thus, as submitted by mr. basu, there must be some foundation before any presumption under section 113a of the indian evidence act can be drawn.38. in course of submission, reference was also made to the decision of the apex court in the case between mahendra singh and anr. ..... held that mere general statement of torture, ill-treatment and demand of more money, ornaments and valuables cannot attract an offence under section 306 of ipc.41. no doubt, there must be proof of direct or indirect act of incitement to the commission of suicide in cases of alleged abetment of suicide.42. in course of submission, mr. moitra referred ..... v. state of m.p. as reported in 1995 scc (cri) 1157, while explaining what would constitute abetment within the scope and ambit of section 107 of ipc.39 .....

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Jul 19 1901 (PC)

Kalil Munda and ors. Vs. King-emperor

Court : Kolkata

Reported in : (1901)ILR28Cal797

..... to be evidence also against the rest of the party, who are as much responsible, as if they had themselves done the act.'10. in this connection we desire to refer to section 10 of the evidence act, which runs as follows: - 'where there is a reasonable ground to believe that two or more persons have conspired together to ..... offence are, first, the combining together of two or more persons in the conspiracy, and secondly, that an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing. section 108, however, in explanation 2 provides that to constitute the offence of abetment 'it is not necessary that the ..... act abetted should be committed, or that the effect requisite to constitute the offence should be caused,' and in .....

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