Court : Rajasthan
Reported in : 2006(198)ELT490(Raj)
ORDER1. This appeal is directed against the order of Customs, Excise and service Tax Appellate Tribunal, New Delhi dtd. 30-10-2003. The appellant is 100% export oriented unit engaged in the manufacture of cotton yarn and polyester yarn falling under Chapter 52 and 55 respectively of the schedule-I of the Central Excise Tariff Act, 1985. It has brought in the factory aluminum sheets and fiber glass for the purpose of its use and has actually been used in laying false ceiling and humidification plant.2. According to the assessee, it has used fiber glass and aluminum sheets for providing false ceiling in humidification plant to obtain better efficiency of the plant. He, therefore, procured the aforesaid goods without payment of Duty relying on the notification No. 1/95 C.E., dated 4-1-1995 by issuing CT-3 certificate.3. The Assistant Commissioner of Central Excise issued show cause notices dtd. 5-9-2001 calling upon the assessee to show cause against the proposed levy of Excise Duty on th...
Tag this Judgment!Court : Rajasthan
Reported in : 4(2006)ACC58
Ajay Rastogi, J.1. Instant appeal has been filed for enhancement of compensation awarded by Motor Accident Claims Tribunal Jaipur ('Tribunal') vide Award dated 30.8.2001 in MACT Case No. 1429/95.2. Claimants are wife, three minor children, brother and mother of deceased Rambabu, aged 30 years, who was a labourer. As per claim petition, on 2.10.1995 while he was travelling in Jeep No. RJ-14-1C-3615, accident took place due to rash and negligent driving of offending truck No. DL-1G-5174 by its driver, as the offending truck collided with the jeep, thereby deceased died.3. The Tribunal after taking note of material on record, assessed monthly income of deceased as Rs. 1,500 and after deduction of Rs. 300 towards personal expenses, determined monthly dependency of the family as Rs. 1,200 and applying multiplier of 14 awarded compensation of Rs. 2,17,000 (including Rs. 15,000 towards loss of consortium to wife and for love and affection to claimants and Rs. 400 towards funeral expenses) wit...
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)ACC592
Ajay Rastogi, J.1. Instant appeal has been filed for enhancement of compensation by Motor Accident Claims Tribunal, Sawai Madhopur ('Tribunal') in M.A.C.T. Case No. 207/99 vide award dated 2nd March, 2001.2. Claimants are wife, four minor children and parents of deceased Revarmal, aged 30 years, who was a skilled labourer engaged in shoemaking and earning Rs. two-three thousand per month, as alleged in claim petition. On 25th March, 1999 the deceased while travelling in offending bus DL-1/P-0764, met with an accident having taken place due to rash and negligent act of driver and conductor of the offending bus, and he fell down out of the bus, thereby died on the spot.3. The Tribunal after taking note of material on record, awarded lump sum compensation of Rs. 2.51 lacs including costs of Rs. 1,000 with interest 9% p.a. from the date of claim petition till actual payment, vide impugned award.4. Mr. L.L. Gupta, Counsel for claimants urged that despite specific statement of Parvati (AW 1)...
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)ACC283; RLW2006(2)Raj929
Ajay Rastogi, J.1. Instant appeal has been filed for enhancement of compensation awarded by Motor Accident Claims Tribunal, Shahpura (District Jaipur) ('Tribunal') vide Award dated 6.9.2001 in MACT Case No. 62/01.2. Claimants are wife, minor son and parents of deceased Ashok Kumar Sharma, aged 28 years, who died on 25.9.2000 in an accident, which took place due to rash & negligent driving of offending jeep No. RJ-21-C-6498. As alleged in claim petition and as per salary certificates (Exhibit 12 to 14), deceased was a part time Accountant engaged with private Firms being paid monthly pay of Rs. 2,500/- by each of three Firms. One Ghan Shyam (AW 4) with whom deceased was employed on part time basis for doing work of accounts of the Firm, in his statement deposed that the deceased was also doing accounts work of other private Firms.3. The Tribunal after taking note of material on record assessed his monthly income of Rs. 3,000/- and after deducting 1/3rd towards his personal expenses and ...
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ1329; 2006(1)WLC498
Dinesh Maheshwari, J.1. This is claimants' appeal under Section 173 of Motor Vehicles Act, 1988 against the award dated 15.5.1996 made by the Motor Accidents Claims Tribunal, Dungarpur ('the Tribunal') in Claim Case No. 169 of 1993 and arises on the facts and in the circumstances narrated hereinafter.2. One Habibnur Khan, aged about 38 years, took ticket No. 49104 for travelling to Ahmedabad from Udaipur, boarded a bus of Rajasthan State Road Transport Corporation ('the Corporation'), bearing registration No. RJ 14-P 2084 on 14.5.93 at 11 p.m. and occupied seat No. 43. In the night intervening 14/15.5.1993, the bus capsized near Khajuri at National Highway No. 8 between Bichchhiwara and Ratanpur and several persons including Habibnur Khan sustained injuries.3. Habibnur Khan filed a claim application against Govind Singh, driver of the bus and the Corporation, its owner on 2.12.1993 before Tribunal with an application under Section 5 of the Limitation Act stating, inter alia that the in...
Tag this Judgment!Court : Rajasthan
Reported in : I(2006)ACC322
Satya Prakash Pathak, J.1. These two Misc. appeals under Section 173, Motor Vehicles Act, 1988, for enhancement of award have been filed against one and the same award dated 16.3.1993 passed by Motor Accident Claims Tribunal, Jaipur, in MAC Case Nos. 812/91 (old No. 394/88), Alok Kumar v. Prem Singh and Ors. and 103/93 (old No. 502/88) Smt. Koyall and Ors. v. Prem Singh and Ors. whereby the learned Judge, Motor Accident Claims Tribunal awarded compensation amounting to Rs. 69,600 and Rs. 60,000 respectively in both these appeals. The appellants in both the appeals have prayed for awarding the amount of compensation as was originally claimed by them in the claim petitions filed before the learned Tribunal with suitable rate of interest from the date of filing of the claim petition. For disposal of these appeals, I take the facts of both the appeals one by one.(1) S.B. Civil Misc. Appeal No. 405/1993, Alok Kumar v. Prem Singh and Ors.2. The facts in nutshell as have been stated in the cl...
Tag this Judgment!Court : Rajasthan
Reported in : I(2007)BC349
Khem Chand Sharma, J.1. Since common question of law and facts are involved in all these appeals filed by the defendant-appellants arising out of the orders allowing the applications filed by the plaintiffs under Order 39, Rules 1 and 2, CPC as also the applications filed under Order 38, Rule 5, CPC, therefore, they are being decided by this common judgment.2. Briefly stated the facts of the case are that plaintiffs filed civil suits for recovery of loan amount against the defendants. Along with the suits, the plaintiffs filed applications under Order 39 Rules 1 and 2, C.P.C. alleging therein that the defendants with a view to defrauding the creditors intend or threaten to dispose of the property and prayed to restrain the defendants from selling, mortgaging or alienating the property. The plaintiffs also filed applications under Order 38 Rule 5, CPC alleging therein that the defendants with intent to obstruct and delay the execution of decree that may be passed against them are about ...
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ1134; 2006WLC(Raj)UC61
Khem Chand Sharma, J.1. Since common question of law is involved in both the appeals filed by United India Insurance Co. Ltd. arising out of the award dated 4.10.2004, allowing the claim petitions filed by the claimants, therefore, they are being decided by this common judgment.2. Briefly stated the facts of the case are that on 12.1.2004 at 7.30 a.m., deceased Krishna Kumar and injured Rafiq along with others were travelling in a jeep bearing No. RJ 05-C 1739 and as soon as the jeep reached near village Jaraila, the driver of the truck No. RJ 11-G 0683 dashed it against the jeep by driving the truck rashly and negligently, as a result of which Krishna Kumar died on the spot and Rafiq sustained serious injuries. The wife and daughter of Krishna Kumar and Rafiq himself filed claim petitions. The learned Tribunal vide impugned award decided both the claim petitions and awarded compensation.3. The only legal ground to challenge the award urged by the learned Counsel for the appellant is t...
Tag this Judgment!Court : Rajasthan
Reported in : I(2006)ACC84
ORDERAjay Rastogi, J.1. Instant appeal has been filed by Insurance Company against order dated 19.7.2001 passed by Motor Accident Claims Tribunal, Jaipur, ('Tribunal'), in Claim Application No. 1705 of 1997, in exercise of powers under Section 152, C.P.C., awarding interest @ 9% p.a., from the date of filing claim application till actual payment, on the compensation awarded vide award dated 23.6.2001.2. Claim petition was filed by widow and three minor children of late Jagdish Prasad, who was working as helper drawing monthly salary of Rs. 3,533 in Electricity Department, Chomu, who met with an accident on 22.9.1997. The Tribunal, after taking note of material on record awarded total compensation of Rs. 4,36,170 but so far as grant of interest is concerned, no finding was recorded of denying interest to the claimants for the period from date of filing claim petition till actual payment. However, the Tribunal granted interest @ 1?% p.a., only in case the compensation awarded is not paid...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj1264; 2006(1)WLC335
Ajay Rastogi, J.1. It is defendant's special appeal filed against judgment & decree dt. 28.5.1993 passed by Additional District Judge No. 2, Ajmer whereby dismissal of plaintiff dt. 11.5.76 has been set aside with the direction for his reinstatement with all consequential benefits, and affirmed by learned Single Judge while dismissing appeal vide judgment dt. 28.5.96.2. Brief facts relevant to examine controversy are that plaintiff initially joined service on probation as Development Officer on 5.4.64 and was confirmed from 1.4.66. His service conditions are regulated by Life Insurance Corporation of India (Staff) Regulations, 1960 ('Staff Regulations') framed in exercise of powers vested under Clauses (b) & (bb) of Sub-section (2) of Section 49 of Life Insurance Corporation of India ('LIC').3. Charge sheet dt. 16.4.74 imputing six charges was served upon plaintiff. Pending inquiry, he was placed under suspension vide order dt. 9.8.74. A supplementary charge sheet was also served on 21...
Tag this Judgment!