Court : Supreme Court of India
Reported in : 108(2003)DLT592(SC); 2003(10)SCALE618; (2004)9SCC569
..... effect of the working of the press note can be demonstrated by reference to the following comparative statement:schedulelist of enactments repealed (see section 9)number and year(1)short title(2)extent of repeal(3)1.xxxxxx2.orissa act iv of 1950 orissa merged states' laws act 1950the words 'subject to the restrictions that no transfer of a holding from a member ..... plan of delhi-2001 was made on july 23, 1998 which is the subject matter of the present proceedings. it is noticed that increase of far and increased density without corresponding increase in provision of services like water, power, circulation, park, etc. would lead to making urban areas in delhi uninhabitable and lead to ecological degradation and urban degeneration. hence ..... will not cause further problems out help those who are already residing in those units to have little mere accommodation. bearing that aspect in view and after having studied the comparative chart set out earlier which clearly indicates that all that will happen is to give a little more accommodation without adding to the burden of the infrastructure facilities.11. hence ..... provided for compounding of excess coverage beyond the sanctioned or permissible limit and also compounding of infringement set-backs which were not provided for in the unified building bye-laws, 1983. in addition, the committee bearing in mind the present scenario in delhi recommended increase in ground coverage, floor area ratio, dwelling units according to size of the plot. .....Tag this Judgment!
Court : US Supreme Court
..... the wooden fixture extended on the outside next the standing grain, and from that point of connection this substituted board is protracted in a diverging angle and to a length corresponding exactly with those of mccormick's adjustable iron bar, and, like the latter, it is gradually curved to a vertical elevation intended to be great enough to separate and raise ..... and put in operation by manny are essentially the same or are essentially or substantially different. all that has been said -- and a great deal has been said -- about the comparative superiority or inferiority of inventions or improvements previous to those patented to mccormick is wholly irrelevant and out of this cause, and is calculated only to confound and to divert ..... action of the reel and the cutters. such as has been just described i hold to be mccormick's divider, and such too its operation and effects. let us now compare them with the structure and operation of the structure complained of as an infringement, in order to ascertain how far the rival claims of the parties are identical or diverse ..... breaking down of any portion of the straw by being pressed to the earth or by being torn away by the machine in its progress. on the interior side or section of manny's divider there is no adjustable iron bar or rod as a part of the divider, but for this is substituted a piece of timber or a board .....Tag this Judgment!
Court : US Supreme Court
..... advance of its predecessors, consisting as it did of small flat pieces of iron or steel, cut from a plate by machinery, each provided with a hole corresponding with the size of the wire, though a little larger, so that they could be introduced easily upon the wire, either by proper machinery or by hand ..... six inches apart, are compressed laterally upon the wire by a blow of a hammer, or otherwise, so as to flatten the hole, e , and also correspondingly page 143 u. s. 279 flatten the wire at the point where this adjunct is to stand. i term these pieces 'thorns,' and it will be ..... single wire, or of two or more wires twisted together, antedates by many years the barbed feature of such fences. but either by reason of their comparative invisibility or their weakness, they proved an insufficient protection against cattle, and fell largely into disuse. something was needed not so much to strengthen them as ..... and also that he afterwards made a pair of shears for morley to be used in cutting the wire into pieces suitable for barbs. one robinson, who acted as deputy marshal at the fair, testified that he rode a gray horse, and, having occasion to leave him, hitched him to a fence post in ..... ." this case was subsequently cited with approval in cantrell v. wallick, 117 u. s. 689 , 117 u. s. 696 , and its principle has been repeatedly acted upon in the different circuits. hitchcock v. tremaine, 9 blatchford 550; parham v. american button-hole machine co., 4 fisher 468; american bell telephone co. v. .....Tag this Judgment!
Court : US Supreme Court
..... killed him. so if it were shown that the shoes of an accused person were of peculiar size or shape, and footmarks were found in the mud or snow of corresponding size or shape, it would raise a presumption, more or less strong according to the circumstances, that those marks had been made by the feet of the accused person. it ..... application where such proof constitutes a link in the chain of evidence against him. in such cases, as the one under consideration it is not so much a question of comparative presumptions, one against the other, as one of the weight of evidence to prove a certain fact -- namely that these papers were taken from the mails. it was question for ..... be carried on unless the person were divested of his clothing, we see no error in the remark of the district attorney in this case. as the massage treatment is comparatively a recent device, it is quite possible that it may not have been understood by all the members of the jury; but if the district attorney fairly explained to them ..... , and counsel promptly withdraw the remark, the error will generally be deemed to be cured. if every remark made by counsel outside of the testimony were ground for a reversal, comparatively few verdicts would stand, since, in the ardor of advocacy and in the excitement of trial, even the most experienced counsel are occasionally carried away by this temptation. complaint is .....Tag this Judgment!
Court : US Supreme Court
..... of a statute enacted for the safety of his employees contributes to the injury, and in other instances is displaced by the rule of comparative negligence, whereby the exoneration is only from a proportional part of the damages corresponding to the amount of negligence attributable to the employee; (c) the rule that an employee was deemed to assume the risk of injury ..... brought in any state court of competent jurisdiction shall be removed to any court of the united states." "sec. 2. that said act be further amended by adding the following section as section nine of said act:" "sec. 9. that any right of action given by this act to a person suffering injury shall survive to his or her personal representative, for the benefit of the surviving ..... employees in certain cases,' approved april twenty-second, nineteen hundred and eight, be amended in section six so that said section shall read:" "sec. 6. that no action shall be maintained under this act unless commenced within two years from the day the cause of action accrued." "under this act, an action may be brought in a circuit court of the united states, in the ..... with the duty of the management and operation of the business of a common carrier." "sec. 8. that nothing in this act shall be held to limit the duty or liability of common carriers, or to impair the rights of their employees under any other act or acts of congress, or to affect the prosecution of any pending proceeding or right of action under .....Tag this Judgment!
Court : US Supreme Court
..... trial. seaboard air line v. duvall, 225 u. s. 477 . although 3 of the employers' liability act establishes a system of comparative negligence, and diminution of damages by reason of the employee's contributory negligence, the proviso to that section expressly provides that contributory negligence does not operate to diminish the recovery if the injury has been occasioned in part ..... defendant company than was authorized by the statute, for the following reasons: although, by the third section of the employers' liability act, a recovery is not prevented in a case of contributory negligence, since the statute substitutes for it a system of comparative negligence whereby the damages are to be diminished in the proportion which his negligence bears to the ..... combined negligence of himself and the carrier -- in other words, the carrier is to be exonerated from a proportional part of the damages corresponding ..... to the amount of negligence attributable to the employee ( norfolk & western railway co. v. earnest, 229 u. s. 114 , 229 u. s. 122 ) -- nevertheless, under the terms of a proviso to the section, contributory negligence on the part of the employee does not operate even .....Tag this Judgment!
Court : US Supreme Court
..... absorbed in the business as to render it impracticable to separate them for withdrawal and distribution. in order to make the adjustment, a charge is made against surplus account with corresponding credit to capital stock account, equal to the proposed "dividend;" the new stock is issued against this and the certificates delivered to the existing stockholders in proportion to their previous ..... . 3, and article i, 9, cl. 4, of the constitution, and to this extent is invalid notwithstanding the sixteenth amendment. judgment affirmed. * " title i. -- income tax" " part i. -- on individuals" "sec. 2. (a) that, subject only to such exemptions and deductions as are hereinafter allowed, the net income of a taxable person shall include gains, profits, and income derived, . . . also from ..... be exempt from taxation if, before they are made, all earnings made since february 28, 1913, shall have been distributed. act oct. 3, 1917, c. 63, 1211, 40 stat. 338, act feb. 24, 1919, c. 18, 201(b), 40 stat. 1059. [ footnote 6 ] compare rugg, c.j., in tax commissioner v. putnam, 227 mass. 522, 533: "however strong such an argument might be ..... june 30, 1864, c. 173, 13 stat. 223, 282, providing that "the gains and profits of all companies, whether incorporated or partnership, other than the companies specified in that section, shall be included in estimating the annual gains, profits, or income of any person, entitled to the same, whether divided or otherwise." the court held an individual taxable upon his .....Tag this Judgment!
Court : House of Lords
..... engines contracted for were substantially a repetition of a former order. it was necessary, however, to have some drawings made and certain preparatory work done, and correspondence ensued. there are items of cost naturally arising from the doing of this, and they are relatively small. but, when that is said, then the whole ..... results of the english view might be startling if the whole contract price had been paid in advance. the question, however, is not as to the comparative advantages of the two rules of jurisprudence. the only point we have to determine is which of them is in accordance with the law of scotland. ..... spring into being never existed, and it was that thing in respect of which alone the part payment of the price was made. the language of section 9 of the contract is perfectly general: in consideration of the said contractors supplying the engines and their appurtenances entirely in accordance with the terms of ..... . this statement forms no part of the judgment of the house of lords in that case, but there is no doubt that the principle has been repeatedly acted on in the court of appeal. the question, however, in the present case is as to the law, not of england, but of scotland. the ..... and he had not been enriched thereby. if the recipient had been enriched, then he would, if the purpose failed and he retained the property, be acting unjustly, and, consequently, he was under an obligation to return it. it was open to him to show, not merely that he had not been enriched .....Tag this Judgment!
Court : Chennai
Reported in : AIR1930Mad200; 122Ind.Cas.360
..... iv empowers the commissioner to assess persona to profession tax under one of the nine scheduled classes and rule 14 empowers him to revise the classification. section 106 of the act of 1884 corresponding to section 125 of the act of 1904 empowered the president, in case the tax due on assessment or revision was unpaid, to send a notice that in case the tax ..... commissioner to prepare and maintain property tax registers. section 103 of the act of 1884 corresponding to section 120 of the act of 1904 made persons exercising a profession or holding an appointment in the city liable to pay profession tax. section 111 of the present act corresponds to this. section 104 of the act of 1884 corresponding to section 121 of the act of 1904 empowered the president to determine in which ..... the act of 1904, the president ..... the former acts. a bird's-eye view of the comparative provisions of the two earlier acts will be found in veeraraghavulu v. president, corporation of madras 7 ind. cas. 743 : 34 m. 130 : (1910) m.w.n. 583 : 8 m.l.t. 305 : 30 m.l.j. 773 : 11 cri.l.j. 521. under section 101 of the act of 1884, corresponding to section 118 of .....Tag this Judgment!
Court : Chennai
Reported in : (1929)57MLJ536
..... commissioner is as essential now as it was under the former acts. a bird's-eye-view of the comparative provisions of the two earlier acts will be found in veeraraghavulu v. the president of the corporation of madras : (1910)20mlj773 . under section 101 of the act of 1884 corresponding to section 118 of the act of 1904 the president was required to keep lists of persons ..... iv empowers the commissioner to assess persons to profession tax under one of the nine scheduled classes and rule 14 empowers him to revise the classification. section 106 of the act of 1884 corresponding to section 125 empowered the president in case the tax 'due on assessment or revision was unpaid, to send a notice that in case the tax was unpaid ..... to prepare and maintain property tax registers. section 103 of the act of 1884 corresponding to section 120 of the act of 1904 made persons exercising a profession or holding an appointment in the city liable to pay profession tax. section 111 of the present act corresponds to this. section 104 of the act of 1884 corresponding to section 121 of the act of 1904 empowered the president to determine in ..... liable to pay profession tax and other taxes, in schedule iv of the present act, rule .....Tag this Judgment!