Court : Rajasthan Jodhpur
..... mr. justice arun bhansali mr. j.k. chanda, for the appellant. mr. deelip kawadia, for respondent-claimants. ---- by the court: this appeal under section 30 of the workmen's compensation act, 1923 ('the act') is directed against judgment and award dated 29.06.1999 passed by the workmen's compensation commissioner, udaipur ('the commissioner'), whereby, a sum of rs.83 ..... submitted that the accident occurred on 23.11.1991, however, the commissioner has awarded interest @ 12% per annum, which is contrary to the provisions of section 4a(3)(a) of the act as it then existed. the said provision was amended w.e.f. 15.09.1995 and the amended provision providing for interest @ 12% per annum cannot ..... 1995 to the date of actual payment. it is noticed that the interim order was passed by this court on 29.09.1999, which was vacated on 08.05.2006. in that view of the matter, the appeal is partly allowed. the award impugned passed by the commissioner is modified to the extent that the claimants would be .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... let us have a look on the relevant portion of the judgment of the learned addl. chief judicial magistrate no.3, udaipur exonerating the present petitioner from the offence under section 420 and 468 ipc for which he was tried:- 9. " . &. & ) , ) + " ) ", ", 1 + " +) &.15 10.02.78 . . & - 173 + 505.85 " +) &. 4 " 10.02.78 +) &-13 9 77 ) ) ) & " 9 ..... in the case of paul anthony vs. bharat gold mines ltd. & anr, the supreme court in the case of g.m.tank vs. state of gujarat & ors. - (2006) 5 scc446held as under:- in this case, the departmental proceedings and the criminal case are based on identical and similar set of facts and the charge in a departmental case ..... disbursing officer with a malafide intention. (d) he wilfully dis-continued making entries in the receipt register of the mail that was being received by him. the negligent act leads the court to deduce that shri maheshwari had ulterior motive to hide the facts by not dating the mail receipt register. (e) he wilfully inserted an entry .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of binding nature; and this matter does not deserve to be transferred to the ngt. the learned counsel has particularly referred to the provisions contained in section 14 of the ngt act and submitted that there being limitation of six months in entertaining the matter by the ngt from the date of accrual of cause of action; and the ..... petitioner as also the learned counsel for the parties, on the question as to whether the matter is required to be transferred to the ngt established under section 3 of the ngt act; and having given anxious consideration to the rival submissions, we are clearly of the view that this matter is required to be transferred to the ngt ..... supreme court in bhopal gas peedith mahila udyog sangathan (supra) has ordained as under:- 40. keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act .) particularly sections 14, 29, 30 and 38(5).it can safely be concluded that the environmental issues and matters covered under the ngt .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of binding nature; and this matter does not deserve to be transferred to the ngt. the learned counsel has particularly referred to the provisions contained in section 14 of the ngt act and submitted that there being limitation of six months in entertaining the matter by the ngt from the date of accrual of cause of action; and the ..... petitioner as also the learned counsel for the parties, on the question as to whether the matter is required to be transferred to the ngt established under section 3 of the ngt act; and having given anxious consideration to the rival submissions, we are clearly of the view that this matter is required to be transferred to the ngt ..... supreme court in bhopal gas peedith mahila udyog sangathan (supra) has ordained as under:- 40. keeping in view the provisions and scheme of the national green tribunal act, 2010 (for short the ngt act .) particularly sections 14, 29, 30 and 38(5).it can safely be concluded that the environmental issues and matters covered under the ngt .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... appearing for the petitioners vehemently urged that the respondent secretary, uit, udaipur had grossly erred and discriminated against the petitioners while dismissing their application under section 90b of the act even though several such other applications of different applicants in respect of land situated in the total land of 4800 bighas acquired for `bhuwana extension ..... infrastructure of the college, not only the respondent no.4 has lost its affiliation from the concerned university of rajasthan but even the bank, which has financed its project, has threatened for coercive measures for recovery and the lease deed in favour of the respondent no.4 has not been executed by the respondents ..... 10/1998, is wholly without merit for the reason that application was filed much after the subject land was withdrawn from acquisition vide notification dt.01/12/2006 and that was maintainable under the law and will not affect the rights & title of the land holders in whose favour it sbcwp no.7734/2010 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... appearing for the petitioners vehemently urged that the respondent secretary, uit, udaipur had grossly erred and discriminated against the petitioners while dismissing their application under section 90b of the act even though several such other applications of different applicants in respect of land situated in the total land of 4800 bighas acquired for `bhuwana extension ..... infrastructure of the college, not only the respondent no.4 has lost its affiliation from the concerned university of rajasthan but even the bank, which has financed its project, has threatened for coercive measures for recovery and the lease deed in favour of the respondent no.4 has not been executed by the respondents ..... 10/1998, is wholly without merit for the reason that application was filed much after the subject land was withdrawn from acquisition vide notification dt.01/12/2006 and that was maintainable under the law and will not affect the rights & title of the land holders in whose favour it sbcwp no.7734/2010 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... appearing for the petitioners vehemently urged that the respondent secretary, uit, udaipur had grossly erred and discriminated against the petitioners while dismissing their application under section 90b of the act even though several such other applications of different applicants in respect of land situated in the total land of 4800 bighas acquired for `bhuwana extension ..... infrastructure of the college, not only the respondent no.4 has lost its affiliation from the concerned university of rajasthan but even the bank, which has financed its project, has threatened for coercive measures for recovery and the lease deed in favour of the respondent no.4 has not been executed by the respondents ..... 10/1998, is wholly without merit for the reason that application was filed much after the subject land was withdrawn from acquisition vide notification dt.01/12/2006 and that was maintainable under the law and will not affect the rights & title of the land holders in whose favour it sbcwp no.7734/2010 .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... singh sodha, for the respondents. by the court (oral): cma no.216/2012:1. the appellants-claimants have filed the present misc. appeal under section 173 of the motor vehicles act, 1988 against the judgment and award dated 30.11.2001 passed by the learned additional district judge (fast track)-cum-motor accident claims tribunal, dungarpur camp ..... was that earlier the claimants have filed the claim petition before the learned motor accident claims tribunal, udaipur which was rejected for want of prosecution on 27.09.2006 and, therefore, the present claim petition filed by the mother of the deceased chunni lal filed before the mact, dungarpur was barred by the provisions contained ..... the established facts in accordance with law. the impugned order shows total lack of following the object and spirit of the said chapter of the motor vehicles act.11. in the circumstances of the case, the present matter deserves to be sent back for decision afresh by the learned tribunal on merits. the respective .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (p) ltd.lucknow : 1996 (3) scc124and krishi utpadan mandi samiti sahaswan v. bipin kumar : 2004 (2) scc283held that market value under section 23 of the la act cannot be fixed on the basis of the rates mentioned in the basic valuation registers maintained for the purpose of detection of undervaluation and collection of proper ..... sq.yard 81/2006 18,150/- bigha 70,000/- bigha 391/2006 6,050/- bigha 70,000/- bigha the learned judge also determined the issues relating to the area of the land acquired and several ancillary issues raised by each land owner, relating to factors indicated under section 23 of the act and determined them based ..... of notification under section 4(1) of the act were as under:- - ' $ - . . . ' ( ) 1 20000/- - 15000/- 2 ! 30000/- 24500/- 21500/- 200/- 23500/- 3 $ ! & 70000/- 23000/- 20000/- 250/- 20000/- 5 consequently, the learned judge determined the market value of the land acquired as under:- appeal no.amount awarded lao district judge 390/2006 15,000/- bigha .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... (p) ltd.lucknow : 1996 (3) scc124and krishi utpadan mandi samiti sahaswan v. bipin kumar : 2004 (2) scc283held that market value under section 23 of the la act cannot be fixed on the basis of the rates mentioned in the basic valuation registers maintained for the purpose of detection of undervaluation and collection of proper ..... sq.yard 81/2006 18,150/- bigha 70,000/- bigha 391/2006 6,050/- bigha 70,000/- bigha the learned judge also determined the issues relating to the area of the land acquired and several ancillary issues raised by each land owner, relating to factors indicated under section 23 of the act and determined them based ..... of notification under section 4(1) of the act were as under:- - ' $ - . . . ' ( ) 1 20000/- - 15000/- 2 ! 30000/- 24500/- 21500/- 200/- 23500/- 3 $ ! & 70000/- 23000/- 20000/- 250/- 20000/- 5 consequently, the learned judge determined the market value of the land acquired as under:- appeal no.amount awarded lao district judge 390/2006 15,000/- bigha .....
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