Court : Rajasthan
Decided on : Aug-13-2001
Reported in : 2002(2)WLN119
..... of any person indemnified by this policy or any other person to recover an amount under or by virtue of the provisions of the motor vehicles act, 1939, section 96,'17. in that case, the hon'ble supreme court held that the liability under the policy was limited to the extent of rs. 50 ..... of any person indemnified by this policy or any other person recover an amount under or by virtue of the provisions of the motor vehicles act, 1939 section 96.but the insured shall repay to the company all sums paid by the company which the company would not have been liable to pay ..... respondent-claimants contended that even if the liability of the appellant insurance company is limited to the extent provided under the provisions of section 95(2)(b)(ii) of the old act, the claimants are entitled for the entire amount of compensation from the appellant insurance company. it was contended that in policy ex ..... of insurance. appellant reserved the defences as provided under sections 147 and 149 of the motor vehicles act. obviously, sections 147 and 149 of motor vehicles act of 1988 were not applicable as on the relevant date of accident i.e. on 4.2.1989 the old act was applicable.5. the tribunal by the impugned judgment ..... insurer is limited to the extent of rs. 15,000/- as provided under section 95(2)(b)(ii) of the motor vehicles act, 1939 (hereinafter referred to as 'the old act') as applicable on the date of the accident i.e. on 4.2.1989.3. heard learned counsel for the parties. perused the record .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-13-2001
Reported in : [2006]146STC310(Raj)
..... that in the instant case the purported order of rectification passed on january 1, 2001 is beyond the limitation, therefore, vitiated under sub-sections (2) and (4) of section 37. that original order of assessment in the instant case was passed on february 20, 1996 and made in favour of the assessee ..... 1966 in respect of assessment year 1957-58 on the strength of retrospective amendment of section 12 of the rajasthan sales tax act, 1954 by which the limitation period for reopening the assessment was extended from 4 to 8 years from the end of assessment year in question. the tribunal held that ..... validates the levy of interest from january 5, 1957 and another by the finance act, 2000 again for the same period. if it is considered retrospective it would be otherwise unreasonable.4. that section 9(2a) was amended retrospectively, validity of which was considered in shiv dutt rai fateh chand v. union of ..... the limitation provided under section 37 of the rajasthan sales tax act c is concerned, it may be observed that the provisions with regard to the limitation have to be followed and the action has to be taken within the period of limitation under sub-sections (2) and (4) of section 37. the argument ..... by way of rectification cannot extend the period of limitation.17. it was further submitted that even the amendment and validation of the finance act, 2000 .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-01-2001
Reported in : 2002(5)WLC653
..... of either of the parties send the sample for reanalysis. however, as held in yrs rao's case (supra) by the apex court in the context of section 24(4) of the act that sub-section (4) comes into operation when the sample has not already been tested or analysed in the central insecticide laboratory, since in the instant case the sample has already been ..... to notify with 28 days of the receipt of report's copy, that he intends to adduce in controversion of the reporl. similar provision is envisaged in sub-section (4) of section 24 of the act to consider analyst's report after reanalysis as conclusive evidence if the court (i) of its own motion or (ii) in its discretion at the request of either ..... the insecticide sample was taken by the inspector (respondent no.2), because under sub section (3) of section 24 of the act the report signed by an insecticide analyst shall be conclusive evidence only against a person from whom the sample had been taken, and that apart, sub section (4) comes into operation unless the sample has already been tested or analysed in the central ..... tested and analysed in the central insecticide laboratory, no benefit of section 24(4) of the act can be availed of to the present petitioners (manufacturing company) besides for further reasons assigned above, and therefore, the decisions cited by shri jain such as state of .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-12-2001
Reported in : 2002(2)WLC404; 2002(4)WLN601
..... (1996) 74 flr 2459. this court observed as under:the essential condition of a person being a workman within a term of definition given in the industrial disputes act is that he should be 'employed' to do the work in the industry of his employer and that there should be the relationship ..... work in the capacity he has been appointed.10. therefore, the submission that part-time employee does not fall within the definition of the workman as provided under the act is preposterous. at the most the workman may be paid back- wages as had been paid as part-time employee and ..... backward from the date of termination.(3) that his services had been terminated in flagrent violation of the provisions of the industrial disputes act particularly section 25(f) of the act.3. in view of the above, claim of the respondent workman has been allowed by the impugned award directing the reinstatement. however ..... . shri rathore has solely raised the issue that labour court had committed an error and no award could have been made for the reason that the workman was merely a part time employee, and he did not fall within the definition of the workman as provided under the industrial disputes act, ..... , on account of backwages, he has been awarded 25% of the backwages from the date of reference i.e. 29.7.1997 till the date of award. hence, this petition.4 .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-13-2001
Reported in : 2003ACJ1163; AIR2002Raj226; 2002(4)WLC748; 2002(4)WLN41
..... responsible for the loss, destruction, damage, deterioration or non-delivery of the goods mentioned in the second schedule, animals and explosives and other dangerous goods carried by railway, after the termination of transit. (4) nothing in the foregoing provisions of this section shall relieve the owner of animals or goods from liability to any demurrage or wharfage for so long as the animals ..... ) of rule 144 of the indian railways conference association coaching tariff. in this view of the matter, the claim of railway respondents for exemption under sub-section (2) of section 77 of the indian railways act cannot be sustained and the loss occurred to the appellant has to be made good by the railways. the appellant is also entitled for interest in view ..... the railway administration and dismissed the application vide order impugned dt. 14-11-1990.7. aggrieved by the order impugned, the appellant has filed this appeal under section 23 of the railway claims tribunal act. 1987.8. i have heard the learned counsel for the appellant and perused the record.9. learned counsel for the appellant contended that the appellant has suffered ..... .f. 22-12-1972.14. in firm naraindas pitamchand v. firm shanker lal mohandas, air 1974 all 255, allahabad high court while considering the provisions of sub-section (2) of section 77 of the act held that the railway administration has to take the same amount of care not only during the period of transit of the goods but for a period of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-25-2001
Reported in : 2001WLC(Raj)UC626; 2001(4)WLN132
..... 1.7.1999 informer met vijay singh, superintendent, central bureau of narcotics, jaipur and wanted to come back at 6.00 p.m. with a definite information. there was information that a person may come with heroin. rakesh bhargava and laxman kataria went with the informer in a government vehicle and saw the ..... ors. : 2000crilj2301 , it has been held that usually court required some corroboration to the confessional statement which can be used in view of section 30 of the evidence act. the settled law is that statement of one accused cannot be read against another. when it is so, the argument of mr. bagri that ..... incriminating articles were found. however, challan was submitted. by the impugned order dated 23.11.2000, charge under section 8/29 of the n.d.p.s. act was levelled against the petitioner.4. learned counsel for the petitioner submitted that there is no evidence against the petitioner and that he cannot be charged ..... of the trial and not at the stage of framing charge. but in the same ruling, it has been held, while discussing section 67 of the n.d.p.s. act, that the confessional statement was admissible in evidence only against person who makes it and not against any other person. mr. ..... against the petitioner, hence the revision petition should be dismissed. he has also contended that provision of section 67 of the n.d.p.s. act and section 108 of the customs act are similar and in case of customs act, the supreme court in naresh j. sukhawani v. union of india : 1996(83)elt258(sc) .....
Tag this Judgment!Court : Rajasthan
Decided on : Jun-22-2001
Reported in : 2001(3)WLC460; 2001(4)WLN121
..... reads as under:2(viii) 'conveyance' means a conveyance of any description whatsoever and includes any aircraft, vehicle of vessel.17. a perusal of the above definition 'conveyance' makes it clear that it includes a motor-cycle as well. section 42 of the act applies where search of a building, conveyance or enclosed place is taken by any such officer described under sub ..... sharma, j.1. these two appeals are directed against the judgment and order dated 9.4.1999 passed by the special judge, ndps cases, jhalawar, by which he has convicted the accused appellants under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act') and sentenced each of them to undergo rigorous imprisonment for 10 years with a fine ..... a magistrate. the hon'ble court held that search of baggage of a person is not the same thing as search of the person himself. the relevant observations in para 4 of the judgment are reproduced below:-'in state of punjab v. baldev singh this court has held that the requirement of informing the accused about his right under ..... stated that he noted down the information, which is ex.p.23. he sent the information to the superintendent of police, vide letter dated 24.4.1997, ex.p. 24. a perusal of letter dated 24.4.97, ex.p.24 shows that through this letter the sho pw.l 1 chawand singh has informed the superintendent of police of the action .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-2001
Reported in : [2003]115CompCas343(Raj); 2002(4)WLC609; 2003(2)WLN250
..... was to be proceeded with further, in case the petitioners were not to make an application before the company law board under section 397.3. aggrieved by the order of the learned company judge, recording finding against the company in definite terms without even admitting the petition and inviting objections and before hearing the objections if any, that may be raised after ..... , where the company judge in the winding up petition comes to the conclusion that he is satisfied that for the petitioner alternative remedy is available and the petitioner is not acting in reasonable manner, winding up petitions should be dismissed.8. if seen in that light, it is apparent that the direction given by the learned company judge inheres that while ..... such option by making an application under section 397 before the company law board which is pending consideration.5. at the outset, it was contended by the petitioners that under the very ..... the same is admitted, these appeals could be made, if after admitting the petition the notice of petition were to be published. the findings on the merits were also challenged.4. the petitioners had exercised .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-16-2001
Reported in : 2001(4)WLN464
..... .3.1998.(3). objections were filed by the respective parlies, but the objections filed by ihe respondent were late by 18-20 days. application under section 5 of the limitation act was also filed. the court vide its order dated 23.1.1999 had made the award as rule of court by rejecting the objections of the ..... raised by the respondent union of india, it was pleaded and argued that the award made was beyond record and definitely was falling within the definition of misconduct. it was stated that on the claims of item no. 1, 3, 4, 18, 19, 22, 23, 29 and 31 an amount of rs. 7,63,436.36 had been awarded ..... . failure to give reasons amounted to an illegality on the part of arbitrator.(17). in the case of continental construction co. ltd. v. state of madhya pradesh (4), it was held that if no specific question of law is referred, the decision of the arbitrator on that question is not final, however, much it may be ..... objections; (1) that the work was below standard; (2) the security amount of rs. 1,30,000/- was to be forfeitled; (3) an amount of rs. 4,612/- was deducted against the delivery of 123 bags of cement and rs. 25,000/-was deducted against the electricity bills i.e. total amount of rs. 1,59, ..... 2000 which appeal was accepted by the apex court with the direction that the objections filed by the union of india be treated as within time and be decided.(4). earlier on claim no.33 and 34, the appellant had filed the objection to the effect that even though an amount of rs. 8 lacs was demanded .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-13-2001
Reported in : (2002)172CTR(Raj)112; [2002]255ITR329(Raj); 2001(3)WLC720; 2001(4)WLN90
..... speculative transaction.12. the law has been well settled by judicial pronouncement that actual delivery for the purpose of sub-section 5 of section 13 means actual delivery as opposed to notional delivery. the definition of delivery in section 2(2) of the sale of goods act which has been held to include both actual and constructive and symbolical delivery has no bearing on the ..... transfer of movable property.23. in this connection reference may be made to the case of howrah co. ltd. v. commissioner of income tax, (4). the question had arisen under corresponding provision under the companies act, 1913. the court said that the transfer of shares of a company take place either by a fully executed document such as is contemplated by ..... (5) of the act in light of which the facts and circumstances are to be considered to find whether loss in question was speculative loss reads as under:'43 .......... (1) ......... (2) ......... (3) ........ (4) ........ (5) 'speculative transaction' means a transaction in which a contract for the purchase or sale of any commodity, including stocks and shares, is periodically or ultimately settled ..... income tax act 1961 and could not be set off against the principal income of the assessee from the business and profession, but could be set off only against the speculation profit earned in subsequent year. it, therefore, disallowed the claim of the assessee for adjusting the aforesaid loss in the income of assessee from its business and profession.4. aggrieved .....
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