Old Machinery - Law Dictionary Search Results
Home Dictionary Name: old machineryOld 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]...
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...
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....
Metals, dealers in old
Metals, dealers in old, defined as any person dealing in, buying, and selling old metal, scrap metal, broken metal, or partly manufactured metal goods, or defaced or old metal goods, and whether such person deals in such Articles only, or together with second-hand goods or marine stores, and the term 'old metals' means the said Articles. See (English) Old Metal Dealers Act, 1861 (24 & 25 Vict. c.110), relating to their trade requiring registration, and giving powers of visitation and search to the police; s. 13 of the (English) Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), by which any dealer in old metals who purchases any lead, copper, brass, tin, pewter, or German-silver in any quantity at one time less than 112 lb. in the case of lead, or than 56 lb. in the case of the other metals above mentioned, is guilty of an offence against the Act, and liable to a penalty not exceeding 5l. See also (English) Public Stores Act, 1875, ss. 9, 10, and 11 and Public Health Amendment Act,...
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)]...
New 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]...
Old fashioned
Formed according to old or obsolete fashion or pattern belonging to or characteristic of times past adhering to old customs styles or ideas as an old fashioned dress girl old fashioned wire rimmed glasses...
Oldness
The state or quality of being old old age...
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