mining
activity or a mining operation. Viewed thus, it is the proximity of the works
contemplated under an agreement, executed with a non-resident assessee ... assessed under Section 44BB or Section 44D of the Act. The
test of pith and substance of the agreement commends to us as reasonable
Insurance Company mechanically and not on the basis of a
specific test. Such application of exclusion lacks the foundation itself and
is untenable ... easily detected by subjecting the
insured to basic tests like blood tests, ECG etc. the insured
is not supposed to disclose such disease because
proximal muscle weakness and/or with a cutaneous eruption suggestive of DM), the initial diagnostic evaluation helps to determine the nature and scope of testing ... test of the patient once the same was settled. It was claimed by the Ld. Advocate that as per medical science, had such test been
merely on the basis of
a superimposition test was improper, in the absence of a DNA test.
Per contra, Shri Balaji Srinivasan, the learned Additional ... deceased Santhakumar, which occurred on 01.10.2001.
Undoubtedly, factors such as proximity of time or place, unity
of purpose and design and continuity of action
transactions, in
which circumstances the stock broker would be held liable.
While proximity of time in an isolated case may not be
conclusive, but huge ... resulting in
matching thereof as per permissible parameters which are
programmed accordingly. Test of preponderance of
probability applies for the adjudication and determination of
civil
amount to a mining
activity or a mining operation. It is the proximity of the works contemplated
under an agreement, executed with a non-resident ... assessed under section 44BB or section 44D of the Act. The test of pith
and substance of the agreement is applicable and the Central Board
circumstances could lose self-control but only temporarily and that too, in proximity to the time of provocation. The provocation could ... deceased to the accused resulting in inflicting of injury.
19. Another test that is applied more often than not is that the behaviour
Akhtar @ Bhoora vs State Of U.P. on 25 February, 2019
Equivalent citations: AIRONLINE 2019
scanned with the said parameters, it does not withstand the said test for which the case set forth by the prosecution gets corroded ... their presence at the spot, the weapons the accused persons carried, their proximity to the shed and establishment of the identity of all the four
proximity of time still such
statement can be used for corroboration. The legislature would not have intended to
limit the time factor to close proximity ... statement from the use envisaged in Section 157 of the Act. The test to be
adopted, therefore, is that : Did the witness have the opportunity
