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In Re: Hawkins, General Manager, Indian Aluminium Company Ltd. - Court Judgment

LegalCrystal Citation
SubjectElectricity
CourtChennai
Decided On
Judge
Reported in30Ind.Cas.444
AppellantIn Re: Hawkins, General Manager, Indian Aluminium Company Ltd.
Excerpt:
electricity act (ix of 1910), section 33 - 'every person' meaning of-application of section. - - order 1. in making die reference the presidency magistrate should have distinctly formulated the questions of law which he referred for our opinion. ' as regards the second we may add that the wording of the section is perfectly clear and specifies cases likely to have resulted in loss of life or personal injury as well as those which actually so resulted......the questions of law which he referred for our opinion.2. so far as we can deduce them from his letter of reference, they are two in number.(1) whether the term 'every person' in section 33 of act ix of 1910 is confined to persons licensed under parts ii and iii of the act?(2) whether section 33 is confined to cases in which the accident actually results in personal injury or death?3. our answer to both questions is 'no.' as regards the second we may add that the wording of the section is perfectly clear and specifies cases likely to have resulted in loss of life or personal injury as well as those which actually so resulted. whether such a result was likely in any case in which it did not actually ensue is a question of fact to be determined with reference to the surrounding.....
Judgment:
ORDER

1. In making die reference the Presidency Magistrate should have distinctly formulated the questions of law which he referred for our opinion.

2. So far as we can deduce them from his letter of reference, they are two in number.

(1) Whether the term 'every person' in Section 33 of Act IX of 1910 is confined to persons licensed under Parts II and III of the Act?

(2) Whether Section 33 is confined to cases in which the accident actually results in personal injury or death?

3. Our answer to both questions is 'No.' As regards the second we may add that the wording of the section is perfectly clear and specifies cases likely to have resulted in loss of life or personal injury as well as those which actually so resulted. Whether such a result was likely in any case in which it did not actually ensue is a question of fact to be determined with reference to the surrounding circumstances.


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