Court : Rajasthan Jodhpur
..... therefore, the claimants were entitled to a sum of rs.44,27,200/- as compensation. reply to the application was not filed by respondent nos.1 and 2. however, respondent no.3 insurance company filed its reply and disputed the averments contained in the application. the tribunal framed four issues and came to the conclusion ..... insurance policy is contractual. . 20. the second issue is whether the salary receivable by the claimant on compassionate appointment comes within the periphery of the motor vehicles act to be termed as 'periphery advantage' liable for deduction?. . 'compassionate appointment' can be one of the conditions of service of an employee, if a ..... held and observed as under:- 19. the firs.issue is whether provident fund, pension and insurance receivable by claimants come within the periphery of the motor vehicles act to be termed as 'pecuniary advantage' liable for deduction?. . the aforesaid issue fell for consideration before this court in helen c. rebello v. maharashtra state .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of the order, failing which the appeal would be liable for rejection for non-compliance of the provisions of section 35f of the central excise act, 1944 read with section 83 of the finance act, 1994.3. learned counsel for the petitioner has submitted that there is strong prima facie case in favour of the petitioner, therefore, the direction ..... order-in- original dated 24.02.2012; (iii) upon the petitioner-applicant carrying out compliance of the requirements of paragraphs (i) and (ii) (supra), the questioned order-in-appeal no.187(vc)st/jpr-ii/2013 dated 30.05.2013/07.06.2013 shall stand annulled; and the appeal filed by the petitioner-applicant against the aforesaid order-in- ..... 00,000/- (rupees ten lacs) on or before 10.12.2013 with the respondents against the liability arising out of the order-in- original no.35/st/jp-ii/2012/adc dated 24.02.2012; (ii) the petitioner-applicant shall further deposit an amount of rs. 6,64,840/- (rupees six lacs sixty four thousand eight hundred forty) on or .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of the order, failing which the appeal would be liable for rejection for non-compliance of the provisions of section 35f of the central excise act, 1944 read with section 83 of the finance act, 1994.3. learned counsel for the petitioner has submitted that there is strong prima facie case in favour of the petitioner, therefore, the direction ..... order-in- original dated 24.02.2012; (iii) upon the petitioner-applicant carrying out compliance of the requirements of paragraphs (i) and (ii) (supra), the questioned order-in-appeal no.187(vc)st/jpr-ii/2013 dated 30.05.2013/07.06.2013 shall stand annulled; and the appeal filed by the petitioner-applicant against the aforesaid order-in- ..... 00,000/- (rupees ten lacs) on or before 10.12.2013 with the respondents against the liability arising out of the order-in- original no.35/st/jp-ii/2012/adc dated 24.02.2012; (ii) the petitioner-applicant shall further deposit an amount of rs. 6,64,840/- (rupees six lacs sixty four thousand eight hundred forty) on or .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... . per contra, the case of the petitioner had been that its services were covered under the exception carved out in section 65(25b) of the finance act, 1994 ('the act of 1994').in its order dated 03.01.2012, the adjudicating authority proceeded to consider and reject the reply submitted by the petitioner in response to ..... rupees ten lacs) within three weeks from today. upon such deposit, the recovery of the remaining demand in question shall remain stayed until final d.b.civil writ petition no.2760/2013. m/s.dwarka das agarwal versus commissioner (appeals)-i, central excise & ors.// 7 // disposal of appeal pending before the commissioner (appeals).central excise, ..... would be to notice, in brief, the relevant background aspects of the matter as follows: d.b.civil writ petition no.2760/2013. m/s.dwarka das agarwal versus commissioner (appeals)-i, central excise & ors.// 2 // the dispute relates to the question of applicability of service tax with respect to road construction work, said to have .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of rajasthan & ors.wherein a co-ordinate bench has rejected the challenge to the vires of the provisions of sections 38(c) and 39 of the rajasthan finance act, 2006 and rule 24 of the rajasthan land tax rules, 2006; and has dismissed the writ petitions while extending the liberty to the writ petitioners of filing ..... the appeal/s before the appellate authority, if not already filed. d.b.civil writ petition no.223/2009. m/s khetan business corporation pvt.ltd.versus state of rajasthan & ors.(alongwith two connected matters.// 2 // in the aforesaid order dated 09.11.2012, the co-ordinate bench has, inter alia, held as under ..... deficit amount, if any, required to be deposited for entertaining the appeal by the appellate authority, the same shall be deposited by the petitioners within the stipulated period. no order to costs. . the position aforesaid squarely applies to the present cases too. hence, following the aforesaid order dated 09.11.2012, these petitions also stand .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of rajasthan & ors.wherein a co-ordinate bench has rejected the challenge to the vires of the provisions of sections 38(c) and 39 of the rajasthan finance act, 2006 and rule 24 of the rajasthan land tax rules, 2006; and has dismissed the writ petitions while extending the liberty to the writ petitioners of filing ..... the appeal/s before the appellate authority, if not already filed. d.b.civil writ petition no.223/2009. m/s khetan business corporation pvt.ltd.versus state of rajasthan & ors.(alongwith two connected matters.// 2 // in the aforesaid order dated 09.11.2012, the co-ordinate bench has, inter alia, held as under ..... deficit amount, if any, required to be deposited for entertaining the appeal by the appellate authority, the same shall be deposited by the petitioners within the stipulated period. no order to costs. . the position aforesaid squarely applies to the present cases too. hence, following the aforesaid order dated 09.11.2012, these petitions also stand .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... instant case, payable by the state government. . it is to be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. whether accused is acquitted or convicted irrespective of that, a victim is to be compensated. having ..... a period of two months from the date of commencement of the examination of witnesses. 7/43 s.b. cr. misc. bail application no.8609/2013 s.b. cr. misc. bail application no.8610/2013 (2) if the court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, ..... the fir has been registered for offences under 2/43 s.b. cr. misc. bail application no.8609/2013 s.b. cr. misc. bail application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... instant case, payable by the state government. . it is to be noted with lot of satisfaction that due to initiative taken by the courts, the legislature by introducing act no.5 of 2009 had introduced section 357a by enacting victim compensation scheme. whether accused is acquitted or convicted irrespective of that, a victim is to be compensated. having ..... a period of two months from the date of commencement of the examination of witnesses. 7/43 s.b. cr. misc. bail application no.8609/2013 s.b. cr. misc. bail application no.8610/2013 (2) if the court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, ..... the fir has been registered for offences under 2/43 s.b. cr. misc. bail application no.8609/2013 s.b. cr. misc. bail application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... by dhanraj bafna and it was carrying besides the driver two pillion riders and consequently, there was negligence and violation of provisions of the motor vehicles act, 1988 ('the act') wherein on the said vehicle alongwith driver only one pillion rider is permitted, the claimant alongwith the driver of the motor-cycle contributed in the accident ..... came to the conclusion that the tanker was being driven rashly and negligently by its driver rajesh. the tribunal also recorded a categoric finding that there was no oral or documentary evidence available on record to indicate that the accident occurred on account of any negligence by the deceased dhanraj and / or anand kumar. ..... mahendra kumar, which motor-cycle was being driven by dhanraj bafna, the same met with an accident with tanker rj-04-ga-230, which was driven by 2 rajesh choudhary, which resulted in injuries to anand kumar and dhanraj bafna, to which anand kumar and dhanraj succumbed. the application for compensation was filed by wife .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... purnima yadav, submitted that the 'aggrieved person' as smt. sabana @ chand bai & anr. vs. mohd. talib ali & anr. (s.b.criminal revision petition no.362/2011) 6 defined by section 2(a) of the act, includes within its ambit a woman who is or has been in a domestic relationship with the respondent and has allegedly been subjected to domestic violence ..... to keep a person, not living with the respondent at the time of coming into force of the act, out of the purview of the act, there was no necessity of using the words 'or has been' in section 2 (a) of the act and it would have been sufficient to say that aggrieved person means any woman who is in a ..... a relationship between two persons smt. sabana @ chand bai & anr. vs. mohd. talib ali & anr. (s.b.criminal revision petition no.362/2011) 38 who live together in a shared household.12. section 2 (a) of the act defines 'aggrieved person' as under :- aggrieved person . means any woman who is, or has been, in a domestic relationship with the respondent .....
Tag this Judgment!