Court : Andhra Pradesh
Reported in : AIR1959AP398
..... market and for the health, convenience and safety of the persons using it, are all correlated to the main, purpose.the provision and maintenance of standard weights and measures is also in the interests of the buyer and the seller. the market committee must have a staff. clause (v) provides for ..... are necessary for the purposes of such market and for the health, convenience and safety of the persons using it; (iv) the provision and maintenance of standard weights and measures; (v) the pay, pensions, leave allowances, gratuities, compassionate allowances and contributions towards leave allowances, pensions or provident fund of the officers and ..... list ii, viz., 'agriculture, including agricultural education and research, protection against pests and prevention of plant diseases;' entry 28, which provides for weights and measures except establishment of standards, which is also one of the purposes for which provision is made in the act, and entry 32 viz., 'incorporation, regulation and winding .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1922Cal260,66Ind.Cas.782
..... so that where, as in this case, forgery comes in question in a civil suit, the presumption against misconduct is not without its due weight as a circumstance of improbability, though the standard of proof to the exclusion of all reasonable doubt required in a criminal case may not be applicable: cooper v. slade(1858) 6 h. l. ..... adopting the requirements of the prudent man as an appropriate concrete standard by which to measure proof, if, at the same time, expressed in terms, which allow full effect to be given to circumstances or conditions of probability or improbability, ..... . as was pointed out by jenkins, c. j, in gopestsur dutt v. bisiessur dutt 13 ind. cas. 577 : 39 c. 245 : 16 c. w. n. 265., the standard of proof to establish a will required by the indian statutes is that of the prudent man and not an absolute or conclusive one. the indian evidence act, while thus .....
Tag this Judgment!Court : House of Lords
..... having had any real opportunity of examining them or of assessing the value of the security it affords. the rules were therefore designed to incorporate certain, reasonable, standard provisions into the contracts of carriage to which they applied. 57. the rules applied, first and foremost, to contracts of carriage covered by a bill of lading ..... containers, other packages or units bearing marks or numbers indicated in the "carrier's receipt" above said by the shipper to contain the quantity of goods, weights and measurements indicated in the "particulars furnished by the shipper" above which particulars have not been checked by the carrier. such particulars are for shipper's and ..... culminated in adoption of the hague rules there are many participants, with differing and often competing objects, interests and concerns. it is potentially misleading to attach weight to points made in the course of discussion, even if they appear at the time to be accepted. in the present case, i do not think .....
Tag this Judgment!Court : US Supreme Court
..... and proper mode of operation and effect of the trial by jury, the language of lord coke should ever be kept in mind as furnishing the true and only true standard by which to measure this valuable institution. after giving his derivation of the terms "verdict" and "judgment," page 54 u. s. 144 this great common lawyer proceeds, ..... opposition to this authoritative declaration and influence of the court. nay, page 54 u. s. 142 it may be insisted that if the court, in passing upon the weight of the evidence, was acting within its legitimate sphere, the counsel would have been justly obnoxious to the imputation of indecorum, if not of contempt, in assailing before ..... it was executed. the case of captain gambier, to which we have just referred, is directly in point upon this question. and upon principle, independent of the weight of judicial decision, it can never be maintained that a military officer can justify himself for doing an unlawful act by producing the order of his superior. the order .....
Tag this Judgment!Court : US Supreme Court
..... ) not a burden on interstate commerce as applied to grain received from or shipped to points without the state; (3) not superseded by or in conflict with the federal grain standards act (august 11, 1916, c. 313, 39 stat. 482, part b). pp. 248 u. s. 367 -369. 269 mo. 346 affirmed. page 248 u. s ..... ; and, by 63 (p. 372) thereof, prohibits under severe penalties "any person, corporation, or association other than a duly authorized and bonded state weigher to issue any weight certificate [for any] again weighed at any warehouse or elevator in this state where duly appointed and qualified state weighers are stationed, . . . or to make any charge ..... and elevators in compliance with the act, and that the respondent in violation thereof and in abuse of its corporate franchise maintains a bureau for weighing grain, grants weight certificates, and makes charges therefor. the prayer is that respondent be adjudged guilty of these practices and that a fine be imposed. the return admitted substantially the .....
Tag this Judgment!Court : US Supreme Court
..... of freedom of speech and of assembly guaranteed by the fourteenth amendment, and whether the statute, so construed and applied, furnishes a reasonably definite and ascertainable standard of guilt. the appellant, while admitting that the people may protect themselves against abuses of the freedom of speech safeguarded by the fourteenth amendment by prohibiting ..... did not infringe his liberty of speech and of assembly, but ran afoul of the fourteenth amendment because too vague and indefinite to provide a sufficiently ascertainable standard of guilt, and ordered the prisoner's discharge from custody. the appellee took the case to the supreme court of georgia, assigning as error the ruling ..... to the general welfare and involve such danger of substantive evil that they may be penalized in the exercise of its police power. that determination must be given great weight. every presumption is to be indulged in favor of the validity of the statute. mugler v. kansas, 123 u. s. 623 , 123 u. s. .....
Tag this Judgment!Court : Kerala
Reported in : 2004CriLJ1134; 2004(1)KLT335
..... existing noise levels do not exceed the ambient air quality standards specified under these rules.(4) all development authorities, local bodies and other concerned authorities while planning development activity or carrying out functions relating to ..... .(2) the state government may categorise the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.(3) the state government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the ..... light commercial vehicles includingthree-wheeled vehicles fitted with diesel engine with gross vehicles weightup to 4000 kgs. 85db(a) passenger or commercial vehicles with grossvehicle weight above 4000 kgs. and upto 12000 kgs. 89db(a) passenger or commercial vehicles gross vehicleweight above 12000 kgs. 91db(a) 22. rule 120( .....
Tag this Judgment!Court : Kolkata
Reported in : 13Ind.Cas.577
..... improbability, so that where, as in this case, forgery comes in question in a civil suit, the presumption against misconduct is not without its due weight as a circumstance of improbability, though the standard of proof to the exclusion of all reasonble doubt required in a criminal case may not be applicable cf. per willes, j., in cooper v ..... differently in similar circumstances and much of that which has been classed as improbable in this case comas to little more than a failure to observe a higher standard of precaution and to do the wisest and safest thing under the circumstances.103. the conclusion then to which i come is that gopessur did sign exhibit d ..... test which experience commends, the evidence act, in conformity with the general tendency of the day, adopted the requirements of the prudent man as an appropriate concrete standard by which to measure proof.26. the evidence act is at the same time expressed in terms which allow full effect to be given to circumstances or conditions of .....
Tag this Judgment!Court : Mumbai Goa
..... (1) no person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed.? (iii) section 31 of the act provides as under : 31. penalty ..... returns, maintain any record or register, or being required by the director or the controller or any legal metrology officer to produce before him for inspection any weight or measure or any document, register or other record relating thereto, omits or fails without any reasonable excuse, so to do, shall be punished with fine ..... to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto; (b) seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable .....
Tag this Judgment!Court : Mumbai
..... (1) no person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed.? (iii) section 31 of the act provides as under : 31. penalty ..... returns, maintain any record or register, or being required by the director or the controller or any legal metrology officer to produce before him for inspection any weight or measure or any document, register or other record relating thereto, omits or fails without any reasonable excuse, so to do, shall be punished with fine ..... to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto; (b) seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable .....
Tag this Judgment!