Court : Rajasthan
Reported in : IV(2005)ACC116
N.K. Jain, J.1. This appeal is directed against the judgment/award dated 6th August, 1997 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur in MACT Case No. 186/94 for enhancement of the amount of compensation in respect of death of Maharaj Singh who is said to have died in an accident arising out of motor vehicle which took place on 11.2.1994.2. The Counsel for the appellant contended that looking to the age and income of the deceased the amount of Rs. 1,44,400/- awarded as compensation in the present case is meagre amount. He contended that the deceased was working in Post Office and his salary was Rs. 2,000/- per month and in addition to it he was also earning by selling milk in the village and from agricultural sources also. His submission is that future prospects of the deceased ought to have been considered. He further submits that in view of his age as 24 years, the multiplier of 17 ought to have been applied by the Tribunal.3. The Counsel for the respondent ...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2773; 2005(4)WLC637
V.K. Bali, J.1. The dockets of this Court and various other High Courts in the country are not only full but over brimming. Admitted matters are lying in the archives of the High Court and are blessed with touch of hand of the Judge after number of years. In such matters awaiting listing before the Hon'ble Judge, there are 2,784 D.B. Criminal Appeals that are pending in Rajasthan High Court (Jaipur Bench). Out of the number of cases mentioned above, 885 appeals are such where accused are in jail. Some criminal appeals pertaining to the year 1980 are also pending hearing. Out of 885 appeals, where accused are in jail, 184 have been listed for checking the paper book by the office. 430 appeals are such where preparation/comparison of paper book is going on. 350 appeals are such in which the office is still to take the exercise of preparing paper books, in hand. 80 cases are such where learned Counsel appearing for the parties have on their own placed on record paper books which are still...
Tag this Judgment!Court : Rajasthan
Reported in : IV(2005)ACC822; 2007ACJ695; RLW2005(4)Raj2853; 2005(4)WLC488
Narendra Kumar Jain, J.1. These two appeals have been filed against the judgment/award dated 11.10.1995 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur in MACT Cases Nos. 1741/92 & 1742/92 for enhancement of amount of compensation awarded by the tribunal. The MACT Case No. 1741/92 was filed in respect of death of late Shri Ajeet Vyas whereas MACT Case No. 1742/92 was filed in respect of injury sustained by claimant-Mst. Sujata wife of late Shri Ajeet Vyas. The tribunal awarded total compensation of Rs. 7,35,000/- in respect of death of Ajeet Vyas whereas Rs. 51,200/- was awarded for the injuries sustained by Mst. Sujata.2. Counsel for the appellants Mr. H.M. Bhargava contended that as per finding of the tribunal itself, the age of deceased was 28 years. The tribunal has recorded a finding about income of the deceased as of Rs. 6,000/- per month and after considering his future prospects, a sum of Rs. 9,000/- was determined as monthly income of the deceased for the...
Tag this Judgment!Court : Rajasthan
Reported in : 2006(200)ELT377(Raj)
ORDER1. Two principal prayers have been made in the writ petition relating to challenge the vires of Rule 8(3) of the Central Excise Rules, 2002 as under:(i) The impugned provision and particularly phrase 'Rs. 1000/- per day or whichever is higher of Rule 8(3) of Central Excise Rules, 2002 may be declared ultra vires Section 11AB of the Central Excise Act, 1944?(ii) The offending phrase 'Rs. 1,000/- per day or whichever is higher may be declared arbitrary, confiscatory and violative of Articles 19(1)(g) and 265 of the Constitution of India.Consequential relief is for setting aside the demand founded on the aforesaid rule to the extent it levied interest @ Rs. 1,000/- per day.2. The provision in the parent Act which authorises charge of interest on delayed payment of duty reads as under:Section 11ABInterest on delayed payment of duty : Where any duty of excise has not been levied or paid or has been short levied or short-paid or erroneously refunded, the person who is liable to pay the ...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj521; 2006(1)WLC764
Dinesh Maheshwari, J. 1. The petitioner, Highway Tyre Retread Pvt. Ltd. is a Private Limited Company engaged in the business of retreading of tyres. The petitioner applied for a loan to the Rajasthan Financial Corporation which was sanctioned to the tune of Rs. 13.1 lacs. The petitioner also applied for the sanction of investment subsidy under a scheme called 'The State Capital Investment Subsidy Scheme For New Industries, 1990' (hereinafter referred to as the Scheme/the Subsidy Scheme'). The application of the petitioner for grant of subsidy was allowed and the petitioner was sanctioned an amount of Rs. 2,09,6007- being 20% of the amount of fixed capital investment as admissible for the grant of capital investment subsidy under the aforesaid scheme on 16.3.1991 in the first meeting of the District Level Committee ('DLC' for short) held on 16.3.1991. An agreement was executed between the petitioner and the respondents State of Rajasthan and Rajasthan Financial Corporation ('RFC' for sh...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(4)Raj2916; 2005(4)WLC684
Shiv Kumar Sharma, J.1. The defects pointed out by Registry are over ruled.2. The petitioner in this writ petition impugns the order of the Rajasthan Civil Services Appellate Tribunal (for short 'RCSAT') whereby the appeal preferred by the petitioner has been dismissed on the ground that there was no impugned written order against the petitioner. Core question therefore emerges for consideration is as to whether appeal before the RCSAT is maintainable without the impugned written order3. A radical charge was made in the Constitutional law relating to the services by the 42nd Constitution Amendment Act, 1976, which inserted into the Constitution Article 323A to take out the adjudication of disputes relating to the recruitment and conditions of service of the public services of the Union and of the State from the hands of the civil courts and the High Courts and to place it before an Administrative Tribunal for the Union or of a State (as the case may be). Their Lordships of the Supreme ...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj65; 2005(4)WLC401
Shiv Kumar Sharma, J.1. The petitioner seeks to quash the order dated January 9, 2001 of Rajasthan Non Government Educational Institutions Tribunal Jaipur whereby the petitioner has been directed to make payment to respondent of the benefits of revised pay scale and selection scale of 9, 18 and 27 years of service and the amount of gratuity along with the interest 12%.2. Learned counsel appearing on behalf of the petitioner vehemently canvassed that the application of the respondent under Section 21 of the Rajasthan Non Government Educational Institutions Act, 1989 (for short '1989 Act') was not maintainable because the 1989 Act came into force w.e.f. April 1, 1993 and the respondent had already retired on November 30, 1992. Reliance is placed on the Management of Goodyear India Ltd. v. Shri K.G. Devessar : AIR1985SC1759 .3. I have pondered over the submissions. In my considered opinion even if the respondent employee had retired on November 30, 1992 the application under Section 21 of...
Tag this Judgment!Court : Rajasthan
Reported in : 2005CriLJ116; I(2006)DMC130; RLW2005(4)Raj2618
F.C. Bansal, J.1. The appeal No. 1691/2003 has been filed by accused-appellant Suresh Kumar @ Sushil Yadav against the judgment and order dated 22.11.2003 passed by the learned Additional Sessions Judge Fast Track No. 2, Jaipur City, Jaipur whereby while acquitting the accused-appellant of the charge under Section 304B IPC, convicted him under Sections 498A and 306 IPC and sentenced to suffer R.I. for two years and a fine of Rs. 1,000/-, in default of payment of fine to further undergo S.I. for one month and R.I. for five years and a fine of Rs. 2,000/-, in default of payment of fine to further undergo S.I. for two months respectively. Both the substantive sentences were ordered to run concurrently. Against the same judgment by which accused Suresh has been acquitted from the charge under Section 304B IPC, complainant Ram Lal Yadav has filed a Criminal Revision Petition No. 1389/2003. Both the appeal and the revision petition have been heard together and are being disposed of by this c...
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ1061; RLW2006(2)Raj1016; 2006(1)WLC780
S.P. Pathak, J.1. This appeal under Section 374 of the Criminal Procedure Code has been directed against the judgment and order dated 18.1.2002 passed by the learned Addl. Sessions Judge, Anoopgarh in Sessions Case No. 12/2000 - State v. Vishhnudutt Soni whereby the accused appellant has been convicted under Section 302 IPC and sentenced for life imprisonment with a fine of Rs. 1,000/-, in default thereof to further undergo two months rigorous imprisonment.2. Briefly stated, the facts giving rise to the present case are that on 25.10.1999 at 11 PM complainant Manakchand Soni presenting himself at Police Station Anoopgarh lodged a written report to the effect that his two daughters named Meera and Seema have been married to the sons of Bhera Ram, resident of Ward No. 9, Anoopgarh about three years ago. It was further stated in the report that on thatday at about 1:30 PM he received information at his home that his daughter Meera has received burn injuries and she has been admitted in th...
Tag this Judgment!Court : Rajasthan
Reported in : (2005)197CTR(Raj)1; [2006]283ITR486(Raj); 2004(3)WLC425
Rajesh Balia, J.1. In this special appeal, a short but interesting question that arises for consideration is whether the blending of different types of tea by the assessee amounts to production of a thing or an article by an industrial undertaking within the meaning of expression as used in Section 80IB of the IT Act, 1961, though it may not amount to manufacture of goods in the sense of bringing into existence altogether a new and different thing as known differently in the commercial parlance in the market where tea is transacted.2. The appellant-assesses has set up a small-scale industrial unit in the backward industrial area of Banswara. The appellant's case is that it purchased tea leaves powder/granules and these tea leaves are collected by marking the name of garden and lot number. The samples of available quality are dispatched to the 'Blend Master' who after going through his own process, suggests the mixing ratio and process of mixing for making the perfect blend of tea. The ...
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