Whipping, a punishment not authorized in modern times except under a statutory enactment [(English) Criminal Justice Administration Act, 1914]. No person can be whipped more than once for the same offence (ibid., s. 36). Numerous Acts provide for the whipping of boys under 16: adult males may be whipped, e.g., under the Criminal Law Amendment Act, 1912, when convicted on indictment under the Vagrancy Act, 1898, for the second time, or when convicted of certain offences against women under s. 2 of the (English) Criminal Law Amendment Act, 1885; and also for robbery with violence. See VAGRANT; GARROTTING.A method of corporal punishment formerly used in England and a few American States, consisting of inflicting long welts on the skin, esp. with a whip, Black's Law Dictionary, 7th Edn., p. 1590.The punishment was abolished for females by 1 Geo. 4, c. 57. As to the power of justices to order whipping of a male child (7-14), see Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 10, a...
Dumping, the factors to constitute dumping one (i) an import at prices which are lower than the normal value of goods in the exporting country: (ii) the exports must be sufficient to cause injury to the domestic industry, S&S Enterprise v. Designated Authority, (2005) 3 SCC 337 (340). (Customs Tariff Act, 1975, s. 9A)...
Electrical resistance wires, the expression 'electrical resistance wires' in Item 73(23) has to be read along with the 'Nichrome' which precedes that expression and, it can only mean electrical wires having characteristics similar to those of Nichrome, namely, high resistivity, keeping in view the low resistivity of Tungsten wire it cannot be regarded as electrical resistance wire falling under Item 73(23), Union of India v. Kalpana Industries Ltd., 1995 Supp (6) SCC 712 (714). [Customs Tariff Act, 1934, Sch. I, Item 73(23)]...
Excise duty, it is a tax on articles produced or manu-factured in the taxing country. Generally speaking, the tax is on the manufacturer or the producer, yet laws are to be found which impose a duty of excise at stages subsequent to the manufacture or produc-tion, A.B. Abdul Kadir v. State of Kerala, (1976) 3 SCC 219: AIR 1976 SC 182: (1976) 2 SCR 690. (Constitu-tion of India, Sch. VII, List I Entry 84)According to s. 3(1) of the Customs Tariff Act, 1975 the expression 'the excise duty for the time being leviable on a like article if produced or manu-factured in India' means the excise duty for the time being in force which would be leviable on a like article if produced or manufactured in India or, if a like article is not so produced or manufactured which would be leviable on the class of description of article to which the imported article belongs, and where such duty is leviable at different rates, the highest duty, Khandelwal Metal and Engineering Works v. Union of India, (1985) 3...
Intestates Estates Act, 1890 (English) (53 & 54 Vict. c. 29), repealed and not re-enacted by the A.E. Act, 1925, in the case of persons dying intestate after 1925. See WIDOW. By the Act of 1890 the real and personal estate of every man dying wholly intestate after September 1, 1890, leaving a widow but no issue, is directed to belong to his widow if the net value should not exceed 500l., while if it should exceed 500l. the widow obtains 500l and a charge upon the whole of the estate for that term, in addition to her interest and share in the remainder of the estate, 'with interest thereon from the date of the death of the intestate, at 4 per cent. per annum until payment.' As to the meaning of 'intestate,' see Re Cuffe, (1908) 2 Ch 500.As to Scotland, see the Intestate Husband's Estate (Scotland) Act, 1911 (1 & 2 Geo. 5, c. 10), as amended by 9 & 10 Geo. 5, c. 9, which is framed on the lines of the English statute...
Other legal proceeding, the expression 'other legal proceeding' must be read ejusdem generis with the preceding words 'suit' and prosecution as they constitute a genus. The penalty and adjudication proceedings in question did not fall within the expression 'other legal proceeding' employed in s. 40(2) of the Act as it stood prior to its amendment by Act 22 of 1973, Assistant Collector of Central Excise v. Ramdev Tobacoo Co., AIR 1991 SC 506 (511): (1991) 2 SCC 119. [Central Excise and Salt Act (10 of 1944), s. 40 (2) (Prior to Amendment Act 22 of 1973)]...
Territory, means a geographical area included within a particular government's jurisdiction, the portion of the earth's surface that is in a State's exclusive possession and control, Black's Law Dictionary, 7th Edn., p. 1485.The use of the word 'territory' in s. 9A(1)(c) indicates that the Statute empowered the Authority while determining the normal value to take into consideration the comparable price of the like article in the exporting country or territory. The placement of this word 'territory' after the word 'country' indicates that the Legislature intended to use the word territory' with reference to a larger geographical area than the exporting country which geographical area or territory has some commercial similarity with the exporting country and the exporting country is a part of the said territory, though not in the political sense but in the economic sense of that word, Designated Authority (Anti Dumping Directorate) v. Holder Topsoe A/s, (2000) 6 SCC 626: AIR 2000 SC 2556...
customs The duties, toll, tribute, or tariff payable upon merchandise exported or imported. Source: FindLaw ...
Consent, an act of reason accompanied with delib-erations, the mind weighing, as in a balance, the good or evil on either side. Consent supposes three things-a physical power, a mental power, and a free and serious use of them. Hence it is that if consent be obtained by intimidation, force, meditated impositions, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind. In relation to Criminal Law, see (English) Criminal Law Amendment Acts, 1885-1922, and see AGE; ABDUCTION.The word 'consent' as used in s. 30(2) of the Sale of Goods Act means 'agreeing on the same thing in the same sense' as defined in s. 13 of the Indian Contract Act. A consent induced by false representation may not be free, but it can nevertheless be real, and ordinarily the effect of fraud or misrepresentation is to render a transaction voidable only and not void, Central National Bank Ltd. v. United Industrial Bank Ltd., AIR 1954 SC 181: (1954...
Evidence, proof, either written or unwritten, of allegations in issue between parties.Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.The leading rules of evidence are the following:-(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.(3) It will be sufficient to prove the substance of the issue.(4) The best evidence must be given ...