New Machinery - Law Dictionary Search Results
Home Dictionary Name: new machineryNew machinery
New machinery, the word 'new' when used with a reference to machine means 'new made or brought into existence for the first time', Cochin Company v. C.I.T., (1968) 67 ITR 199 (202) (SC). [Income Tax Act, 1961, s. 33]...
Machinery
Machinery. As to the riotous destruction of machinery, see Malicious Damage Act, 1861 (24 & 25 Vict. c. 97), s. 11, as amended. As to the fencing of machinery in factories, see FACTORY.Chimneys which are merely solid structure built upon the ground whose part do not move at all cannot be considered to be 'machinery', Municipal Council v. M/s. Birla Jute Manufacturing Company Ltd., AIR 1983 MP 161 (166). [M.P. Nagriya Statewar Sampati Kar Adhiniyam, (14 of 1964), s. 5(ii)]The air cooling plant is also liable to be classified as machinery, Municipal Corporation of Greater Bombay v. Blue Stars Ltd., AIR 1995 Bom 38 (40). [Bombay Municipal Corporation Act, (3 of 1888), Sch. H, Item 50]Includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied. [Factories Act, 1948 (63 of 1948), s. 2 (j)]The word 'machinery' when used in ordinary language prima facie, means some mechanical contrivances which, by themselves or in com...
Old machinery
Old machinery, in the absence of any indication to that effect and when the expression 'old' is by itself vague, imprecise, and ambiguous, being too general, the principle of noscitur a sociis will have to be applied i.e. all the associated words will take colour from each other, the meaning of the more general adjective viz. 'old' being restricted to a sense analogous to the less general adjectives 'discarded, unserviceable or obsolete'. In order to fall within the expression 'old machinery' occurr-ing in the entry, the machinery must be old machinery in the sense that it has become non-functional or non-usable, Rainbow Steels Ltd. v. C.S.T., AIR 1981 SC 2101 (2104): (1981) 2 SCC 141: (1981) 2 SCR 727. [U.P. Sales Tax Act (15 of 1948), Notification dt. 30-5-1975, entry 15]...
Dangerous machinery
Dangerous machinery.--By s. 1 (d) of the Factory and Workshop Act, 1901, 1 Edw. 7, c. 22, Chitty's Statutes, tit. 'Factories':--All dangerous parts of the machinery and every part of the mill gearing must either be securely fenced, or be in such position, or of such construction as to be equally safe to every person employed or working in the factory as it would be if it were securely fenced.Non-compliance with this statutory duty will be prima facie evidence of negligence on the part of the employer, Groves v. Lord Wimborne, (1898) 2 QB 402.As to dangerous machinery in and about mines, see Coal Mines Act,1911, ss. 55, 108. See Todrick v. Halliday, 1928 SLT 539.A machine of such a nature that any accident in the course of operation thereof is likely to cause to its operator death, dis-memberment of any limb or other bodily injury, may, by notification in the Official Gazette, specify as dangerous machine....
Fencing machinery
Fencing machinery. See MACHINERY....
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
Breakdown of machinery
Breakdown of machinery, might be limited, in the appropriate context, to the colloquial expression a breakdown when used, for example, in relation to the breakdown of a motor car, Portolama Cia Naveera Ltd. v. Vito, SA Inc., (2004) 1 WLR 3111 (CA): (2004) EWCA Civ 864....
Installation of machinery
Installation of machinery, when an engine is fixed in a vehicle it is within the meaning of the expression in cls. (vi) and (via), Commissioner of Income Tax v. Mir Mohd. Ali, AIR 1964 SC 1693: (1964) 7 SCR 846. [Income Tax Act, 1922, s. 102(vi), s. 102(via)]...
Appointment of new trustees
Appointment of new trustees, See TRUSTEES. It was formerly necessary to inset a full power in instruments creating a trust providing a succession of trustees and nominating the person or persons by whom the power was to be exercised and specifying the various contingencies, as death, resignation, incapacity, etc., of the trustee, in which the power was to arise; otherwise application had to be made to the Court of Chancery. Latterly, however, a power for this purpose has been supplied by various Acts of Parliament, the statute at present in force being the (English) Trustee Act, 1925, ss. 36 and 37 replacing and extending the 10th section of the (English) Trustee Act, 1893 (56 & 57 Vict. c. 53), and s. 36 of the (English) Act of 1925 also provides for the appointment of additional trustees. S. 40 provides for the vesting of the trust property in the new trustees by a declaration in the deed of appointment or, deeds of appointment executed after 1925, no express vesting declaration appe...
New
New, the word 'new'. The Oxford English Dictionary lists the following, amongst others, against that word: 'not existing before; now made, or brought into existence, for the first time....not previously known; now known for the first time.' If these were the only meanings of the word, the contention might have considerable force. But the word 'new' is also stated in the same dictionary to mean: Coming as a resumption or repetition of some previous act or thing; starting afresh....restored after demolition, decay, disappearance, etc....other than the former or old; different from that previously existing, known, or used. Thus a set of things which is different from that immediately preceding it may well be called new. Furthermore, a situation which once existed and then ceased to exist (disappeared) may properly attract the word 'new' on re-appearance, P. Venkaiah v. G. Krishna Rao, AIR 1981 SC 1910 (1914): (1981) 4 SCC 105: (1982) 1 SCR 380....
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