Court : Rajasthan
Decided on : Apr-02-2007
Reported in : [2007(114)FLR394]; RLW2007(4)Raj2952
Mohammad Rafiq, J.1. This special appeal is directed against the judgment dated 4.5.1993 passed by the learned Single Judge whereby writ petition filed by the respondent was allowed and the order dated 14.9.1980 passed by the Regional Provident Fund Commissioner (for short 'the Commissioner') with regard to coverage of the respondent under Section 7A of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 (for short 'the Act of 1952') was set aside.2. Factual matrix of the case is that the respondent M/s. Moti Warping Factory which was a partnership firm comprising of two partners namely Shri Shanker Lai Garg and his son Shri Suraj Narain Garg, was registered under the Factories Act, the Rajasthan Sales Tax, Central Sales Tax, ESIC Act and was also registered as the Small Scale Industry. According to the case set up by the respondent-petitioner before the learned Single Judge in the writ petition, this factory was erected on a piece of land belonging to Mrs. Uma Garg wif...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-04-2007
Reported in : 2007(3)WLN160
Gopal Krishan Vyas, J.1. By this writ petition, the petitioner insurance company seeks to challenge the order dt. 20.03.2004 passed by the Permanent Lok Adalat (Annex.-3) to the writ petition) whereby the learned Permanent Lok Adalat directed the petitioner insurance company to pay a sum of Rs. 5,17,800/- with a further direction to pay interest at the rate of 12% per annum on the claim amount of Rs. 2,48,450/- with effect from 21.02.2002 till realization.2. According to facts of the case, respondent No. 1 is involved in the business of old paper-raddi and bottles etc. and the said firm obtained shopkeepers' insurance policy for a sum of Rs. 7,00,000/- from the petitioner insurance company. The policy was valid for the period commencing from 08.11.2001 to 07.11.2002. According to the petitioner, the said policy was issued in the name of respondent No. 1 with regard to stock-in-trade stored in shop having Class-A construction, said to be situated near New Sabji Mandi, Bhadwasiya Road, J...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-12-2007
Reported in : RLW2008(2)Raj1337
R.M. Lodha, J.1. M/s. Rajasthan Gramodyog Sansthan (for short, 'the assessee') is a registered dealer recognised by the Rajasthan Khadi and Village Industries Commission Act, 1956 (for short, 'the Central Act LXI of 1956'). The assessee is engaged in the production and sale of Masalas. In the year 1979-80, the assessee is said to have made inter-state sale of processed Masalas for an amount of Rs. 28,971.88. Again during the year 1980-81, the assessee is said to have made inter-state sale of processed Masalas for an amount of Rs. 16,139.35. The assessee showed the sale for both the years as exempt.2. The assessing authority, however, did not accept the stand of the assessee that the sale effected in the year 1979-80 and 1980-81 were exempted. The assessing authority, accordingly, imposed the Sales Tax @ 10% and also imposed the penalty under Section 9 read with Section 16(1)(e) and 7AA of the Rajasthan Sales Tax Act, 1954. The assessing authority also imposed interest under Section 11-...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-18-2007
Reported in : RLW2008(2)Raj1189
Vineet Kothari, J.1. This is defendant's first appeal under Section 96 of the Civil Procedure code against the judgment and decree of eviction dated 2.7.1987 passed by the learned Additional District Judge, No. 2, Ajmer decreeing Civil Suit No. 389/85(18/79) whereby the learned trial Court decreed the plaintiff's suit for arrear of rent and eviction.2. The facts in brief are that the plaintiff, Kanhaiya Lal Pyare Lal Gotewala gave his portion of property situated at 1193/28, Adarsh Nagar, Ajmer to M/s. Mala Tiles whose proprietor at the relevant time i.e. on 16.7.1971 was Smt. Krishna Gupta, defendant No. 1 and her power of attorney holder, Shri Satya Narain Garg, defendant No. 2, who was also close relative, namely, sister's husband of defendant No. 1, Smt. Krishna Gupta, looked after the business of manufacturing of the tiles in the said suit premises. The rent was paid @ Rs. 175/- per month and in the first instance, the rent for six months was paid by the tenant vide receipt (Ex. 1...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-05-2007
Reported in : 2008ACJ1104
R.S. Chauhan, J.1. The appellants have challenged the award dated 22.1.1997 passed by the Motor Accidents Claims Tribunal, Jaipur District, Jaipur, whereby the learned Tribunal had awarded a sum of Rs. 1,83,000 along with interest of 12 per cent per annum from 25.6.1994 till the date of realisation. In case the awarded amount was not paid within a period of one month from the date of receiving the copy of award, the appellants were further directed to pay the interest at the rate of 15 per cent per annum. The appellants, who happen to be the wife and the children of the deceased, Laxmi Narayan, have filed the present appeal for enhancement of the said compensation amount.2. The brief facts of the case are that on 24.2.1994 Laxmi Narayan (husband of the appellant No. 1 and father of the appellant Nos. 2 to 4) started from his house on his scooter bearing No. RSB 0982, for Amer along with two other friends. As soon as they reached near the Nai Mata Mandir, a bus bearing registration No. ...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-15-2007
Reported in : RLW2007(4)Raj2721
R.S. Chauhan, J.1. This appeal challenges the order dated 31.7.2000 passed by the Employees State Insurance Court, Jaipur, whereby the learned Judge has dismissed the application filed by the appellant under Section 75 of the Employees State Insurance Act, 1958 (henceforth to be referred to as the Act', for short).2. In a nutshell, the facts of the case are that M/s. Hotel Chandra Mahal is a small hotel establishment, which provides only lodging but no boarding for the travelers. According to the appellant, there is no restaurant in the said hotel. The families of the business partners also reside in the same building where the hotel is situated. Since its inception, at no point of time, has it never employed ten or more employees for wages in connection with business activities of the hotel. Moreover, no manufacturing process is being carried out with the aid of power of the activities pertaining to the hotel. According to the appellant on 30.5.91 and 6.6.91 Mr. Yadram Gupta, the Insp...
Tag this Judgment!Court : Rajasthan
Decided on : May-11-2007
Reported in : RLW2008(1)Raj885
R.M. Lodha, J.1. The Project Jaipur, popularly known as Pink City, besides the - capital of the State of Rajasthan is an important tourist destination. The growth of the city is rapid. It is rated as one, of the fastest growing cities in the country. M/s. R.F. Properties and Trading Private Limited (respondent No. 4) says that the World Trade Park to be built by them shall be State of Art building to provide international showcase to the state industry. The building is to have a computer controlled integrated building management system, wireless LAN, Trade Information Bureau, Electronic Trading Facilities, Electronic Facilities for export enquiries, Auditoriums, Convention Center. Trade Fair Zones, Exhibition Centers, Showrooms. Display Centers, Corporate Offices, Guest Rooms, Multiplex, Conference Rooms with Video Conferencing Facility and Business Centers. The building shall have special zones for B.P.O. Industry and service providers, Bio-Technology, Information Technology, Banking ...
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