Court : Rajasthan
Decided on : Jan-22-2003
Reported in : (2003)179CTR(Raj)432; [2003]260ITR41(Raj)
N.N. Mathur, J.1. The issue arising for decision in these two special appeals is whether the additional conveyance allowance paid by the Life Insurance Corporation of India (in short, 'the LIC') to its Development Officers in terms of the norms of the business fetched by them as per circular dated March 3, 1987, issued by the Life Insurance Corporation is exempt under Section 10(14) of the Income-tax Act, 1961, hereinafter referred to as 'the Act of 1961', as special allowance or not2. Since the learned single judge has disposed of the writ petitions by a brief order having found the controversy covered by an earlier decision of this court rendered in CIT v. Shiv Raj Bhatia , a brief resume of facts would be necessary for focussing the issue involved in these appeals.3. The appellant, Shivraj Bhatia, Development Officer with the Life Insurance Corporation of India, during the assessment proceedings for the year 1986-87, claimed 40 per cent. deduction (Rs. 27,282) from a sum of Rs. 68, ...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-2003
Reported in : RLW2004(1)Raj49; 2003(4)WLC563
Goyal, J.1. This First Appeal under Section 96 of the Civil Procedure Code (in short C.P.C.) is preferred against the judgment and decree of learned Additional District Judge No. 7, Jaipur City, Jaipur dated 16.3.1993, in Civil Suit No. ' 81/88, whereby decree of eviction from the suit premises was passed in favour of the plaintiff landlord Shri Kashi Prasad (here-in-after referred to as the plaintiff) against the defendant tenant Shri Purshottam Das (here-in-after referred to as 'the defendant' (now both deceased).2. The relevant facts for decision of this appeal are that the plaintiff filed a suit in the Court of District Judge, Jaipur City, Jaipur, on 26.7.1984, with the averments that northern flat in the Plot No. A-11 at Jaipur, was given on monthly rent of Rs. 375/- to the defendant on 1.6.1976, which was enhanced to Rs. 450/- from 1.1.1978. The plaintiff sought eviction on the following grounds :-(i) that the defendant committed default in payment of rent for more than six month...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-23-2003
Reported in : RLW2004(1)Raj608; 2004(1)WLC685
A.C. Goyal, J.1. Brief facts giving rise to this first appeal are that the respondent-plaintiff filed a suit on 21.9.1993 for eviction from the suit shop on the grounds of default in payment of rent, reasonable and bonafide necessity; sub-letting and nuisance with the averments that the shop measuring 15'x 20'ft situated on Moti Lalo Atal Road, Jaipur was let out to the appellant-defendant on monthly rent of Rs. 500/- on certain terms and conditions mentioned in para 2 of the plaint. The tenancy was oral. The defendant did not pay rent from the month of May, 1992. The plaintiff requires the suit shop for his own profession. The plaintiff has no residential house of his own at Jaipur. He wants to construct residential house upon the details of other grounds of eviction, he prayed for decree of eviction.2. The defendant in his written statement pleaded that the suit shop was let out to his father by plaintiff's father. Denying all the grounds of eviction, it was pleaded that rent upto Se...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-21-2003
Reported in : [2004(102)FLR842]; RLW2004(3)Raj1681; 2004(2)WLC537
H.R. Panwar, J.1. The instant special appeal is directed against the order dated 7.10.1998 passed by the learned Single Judge, whereby the learned Single Judge dismissed the writ petition filed by the present appellants and maintained the ex- parte Award dated 28.6.1993 passed by the Labour Court cum Industrial Tribunal, Bikaner (for short, 'the Labour Court) in favour of the respondent-workman.2. The fact and circumstances giving rise to this appeal, in a nut shell, are that on reference having been made, respondents- workman filed a claim petition before the Labour Court stating therein that he was engaged as Beldar by the present appellants on 1.8.1987 and his services were terminated w.e.f. 29.3.89 without complying with the provisions of Section 25F of the Industrial Disputes Act, 1947 (for short, 'the I.D. Act'). It was further averred in the claim petition that the principle of 'last come, first go' has not been followed by the appellants and as such the termination of services ...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-16-2003
Reported in : RLW2004(2)Raj800; 2003(4)WLC234
Panwar, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') is directed against the judgment and Award dated 26-8-97 passed by the Motor Accident Claims Tribunal, Dungarpur (for short, 'the Tribunal'), whereby the Tribunal dismissed the claim petition filed by the appellant- claimants (for short, 'the claimants'). Aggrieved by the judgment and Award impugned, the claimants have filed the instant appeal.2. 1 have heard learned counsel for the parlies, perused the judgment and Award impugned and also gone through the record of the Tribunal.3. Briefly stated, the facts and circumstances, which are relevant and necessary to decide this appeal are that on 19-2-90, at about 1:30 P.M. deceased Kana was hit by a bus bearing No. RSG 2814 which was being driven at a great speed rashly and negligently by its driver, respondent No. 1 Prabhu Lal. Due to this accident, Kana was grievously hurt and succumbed to the injuries instantaneously. Claimants, who are the...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-16-2003
Reported in : 2003(3)WLN616
H.R. Panwar, J.1. These two appeals are directed against the common judgment and award dated 23.5.1997 passed by the Motor Accident Claims Tribunal, Banswara (hereinafter referred to as 'the Tribunal'), whereby the Tribunal awarded the compensation of Rs. 2,00,000/- in favour of the appellant-claimants in each case, viz., in S.B. Civil Misc. Appeal No. 473/97 (MACT Cases No. 209/1995) and S.B. Civil Misc. Appeal No. 474/1997 (MACT Cases No 213/1994) and against the respondents. Being aggrieved and dissatisfied with the quantum of compensation assessed and awarded by the Tribunal, the appellant-claimants (hereinafter referred to as 'the claimants') have filed these two appeals seeking enhancement of compensation.2. I have heard learned counsel for the parties, perused-the judgment and award impugned. I have also gone through the record of the Tribunal.3. It is contended by the learned counsel for the appellants that the Tribunal fell in error in awarding low compensation. It was further...
Tag this Judgment!Court : Rajasthan
Decided on : May-27-2003
Reported in : RLW2003(4)Raj2523; 2003(4)WLC403
Tatia, J.1. Heard learned counsel for the parties.2. Brief facts of the case are that the petitioner was working as Senior Assistant in the United Indian Insurance Company Limited (respondent No. 1) at its Jodhpur Branch till he took voluntary retirement on 19.11.1997 after completion of more than 20 years of service. The petitioner's service conditions are governed by the General Insurance (Rationalisation and Revenue of Pay Scales and other conditions of Service of Supervisory, clerical and subordinate Staff) Scheme, 1974 as amended time to time. The principal scheme was published by Notification No. S.O. 326 .(E) dated 27.5.1974. For these conditions, approval was accordance by the Central Government. It is relevant to mention here that the said scheme was amended about 30 times from 1974 to 1999 which is clear from the explanatory memorandum, copy of which is placed in this file at page No. 50. By amendment dated 27.8.1998 benefit of Special Allowance was granted to Class III and C...
Tag this Judgment!Court : Rajasthan
Decided on : May-01-2003
Reported in : RLW2003(3)Raj1977; 2003(3)WLC583
GARG, J. 1. The question of law is whether good-work wages paid to the respondent by the appellant in the present case are wages within the meaning of Section 2(22) of The Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act of 1948') and if so, the appellant is enjoined to pay contribution under the Act of 1948 or not.2. This misc. appeal has been filed by the appellant-plaintiff against the judgment and decree dated 28.4.1997 passed by the learned Judge, E.S.I. (CJM), Bhilwara in E.S.I. Case No. 3/95 by which the suit of the appellant-plaintiff was dismissed holding inter-alia that the good-work wages paid to the respondent- defendant by the appellant-plaintiff are wages within the meaning of Section 2(22) of the Act of 1948 and thus, the appellant- plaintiff was liable to pay contribution over that good-work wages.3. It arises in the following circumstances :-The appellant-plaintiff filed a suit in the Court of E.S.I. (CJM), Bhilwara against the respondent-defen...
Tag this Judgment!Court : Rajasthan
Decided on : May-01-2003
Reported in : (2003)IIILLJ445Raj
Sunil Kumar Garg, J.1. The question of law is whether good-work wages paid to the respondent by the appellant in the present case are wages within the meaning of Section 2(22) of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act of 1948') and if so, the appellant is enjoined to pay contribution under the Act of 1948 or not.2. This miscellaneous appeal has been filed by the appellant- plaintiff against the judgment and decree dated April 28, 1997 passed by the learned Judge, E.S.I. (CJM), Bhilwara in E.S.I. Case No. 3/95 by which the suit of the appellant-plaintiff was dismissed holding inter- alia that the good-work wages paid to the respondent-defendant by the appellant-plaintiff are wages within the meaning of Section 2(22) of the Act of 1948 and thus, appellant-plaintiff was liable to pay contribution over that good-work wages.3. It arises in the following circumstances. -The appellant-plaintiff filed a suit in the Court of E.S.I. (CJM), Bhilwara against ...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-11-2003
Reported in : 2003(3)WLN401
Jagat Singh, J.1. Heard the learned counsel for the parties.2. This misc. civil appeal has been filed on behalf of the claimants under Section 173 of the Motor Vehicles Act, 1988 against the award dated 23.1.1990 passed by the Judge. Motor Accident Claim Tribunal, Jodhpur by which, the Tribunal has awarded Rs. 54,000/- only for the accidental death of Bagda Ram aged 35 years who has left behind four sons and one widow and was doing the business of milk seller and was earning Rs. 12,000/- to Rs. 13,000/- per year. The accidental death took place on 15.12.1983 at 3.00 P.M. when Bagda Ram was standing at Bus Stand Dangiawas, a truck No. RJK 7878 came with a great speed from the side of Jodhpur, which was driven rashly and negligently by the driver, dashed against Bagda Ram with violent force resulting which, he succumbed to the injuries instantaneously. In the above accident, one Dhanna Ram also received injuries. Both of them filed claim petitions against the driver, registered owner of ...
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