Court : Rajasthan
Reported in : 1994(1)WLN388
..... trade' means sales to dealers, industrial consumers, government, local authorities and other buyers, who or which purchase their requirement otherwise than in retail.6. thus, section 4 of the excise act provides for the determination of value for the purpose of charging the duty of excise under the act. it provides that the price of which the excisable goods are ordinarily ..... by their lordships in joint secretary to the government of india v. food specialities limited : 1985(22)elt324(sc) . in that case the respondent manufactured certain goods for sale in india by m/s nestle products india limited under certain trade mark in respect of which the latter was registered as the sole registered user in india. the ..... argument made by mr. rathore that it was a case of mis-statement of the price than the actuals charged by the assessee at the time of sale of the goods and by this device it paid less excise duty. if the revenue feels that the present case is of this type, it shall be free to make .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1994)ACC532
..... act and chapter iv-a of the old act over the provisions of chapter v and chapter iv of ..... section 98 of the act (section 68-b of the old act) gave over-riding effect to the provisions of chapter vi of the ..... have considered the above submissions.8. chapter vi of the act and chapter iv-a of the old act provide for the nationalisation of road transport service in the manner prescribed therein. section 97 of the act defines the road transport service to mean a service of motor vehicles carrying passengers or goods or both by road for hire or reward. then .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(2)Raj1092
..... vehicle, or(b) if it is a public service engaged as conductor of the vehicle or in examining tickets on the vehicle, or(c) if it is a goods carriage, being carried in the vehicle, or(ii) to cover any contractual liability.explanation.-for the removal of doubts, it is hereby declared that the death of ..... acc 190 (fb).4. on the other hand, mr. sandeep mathur, the learned counsel for the appellant has argued that under section 147 of the motor vehicles act, 1988 ('the act of 1988', for short) the liability of the insurance company for payment of compensation is unlimited. therefore, even if the compensation is enhanced behind the back of ..... above.injuries deemed to result in permanent total disablement/permanent partial disablement and percentage of loss of earning capacity shall be as per schedule i under workmen's compensation act, 1923.17. according to note 5(b), in case of permanent partial disability such percentage of compensation which would have been payable in case of permanent total .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994(46)ECC304; 1995(79)ELT405(Raj); 1994(3)WLC36; 1994(2)WLN553
..... no. 1 of the licence of the public bonded warehouse, i.e. annexure-1 that the licence itself has been granted under section 57 of the act for deposit of dutiable goods, namely, industrial raw material or component parts (not for manufacture-in-bond and other operations under section 65). in this view of the matter, i ..... status to the controversy involved in this case with reference to section 124 of the act. the licence for the warehouse is of course granted under section 57 of the act and the assistant collector may appoint public warehouses wherein dutiable goods may be deposited, but section 65 deals with the manufacture and other operations in relation ..... to goods in a warehouse and it has been provided therein that with the sanction of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj145
..... or otherwise, and if it goes wrong in such decision, no writ of certiorari will lie against it. 12. section 86 of the representation of the people act, 1951, which provides for the appointment of an election tribunal has nowhere laid down that its jurisdiction will depend upon a certain state of facts, except that ..... upon the law creating the tribunal. a similar question arose before the supreme court about the powers and jurisdiction of the custodian general under the administration of evacuee property act. in -- 'ebrahim aboobakar v. custodian general of evacuee property, new delhi', air 1962 sc 319 (d), the learned judges, after referring to section 24 of ..... state of facts exists, and if they exercise the jurisdiction without its existence, what they do may be questioned, and it will be held that they have acted without jurisdiction, but there is another state of things which may exist. the legislature may entrust the tribunal or body with a jurisdiction which includes the jurisdiction .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(2)WLC550; 1997(1)WLN426
..... in respect of death or injury to corrected passengers travelling in a railway train or in respect of the goods being carried in a railway train. c1 (a) of sub section (1) of section 13 of the tribunals act therefore prima facie should have no application because it relates to the responsibility of the railway administration as ..... carriers under chapter vii of the railways act. admittedly the relationship between the claimants and the railway administration is not that of consigner of and carrier of goods. there is no contract of bailment between the parties which is an essential element of a contract of ..... is a must for an 'accident' within the meaning of section 124, above quoted. derailment of a goods train is not covered by the term 'accident' for the purposes of sections 123 and 124 of the railways act. it would also be clear from the plain language of the section that a person who can claim compensation .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2148; 2004(1)WLC512
..... fact that the principal borrowers are still thinking to file writ petition only it is clear that the petitioner decree-holder cannot recover the decretal amount for a further good period. in these circumstances, the facts completely falsify the plea of the non-petitioner no. 5 that the amount can be recovered from the principal borrowers and ..... payment of the decretal amount within the time granted by the trial court, therefore, the plaintiff is entitled to recover the amount by sale of the mortgaged property.3. the decree-holder submitted the execution petition without any delay, which appears to be filed in the year 1994. in the execution ..... to make payment of the decretal amount, therefore, application was submitted by the petitioner bank for passing final decree so that the amount may be recovered by sale of the mortgaged property upon which the trial court passed the final decree on 23.2.1994 holding that since the principal borrowers have failed to make .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj212
..... of an unpaid seller. assuming then for the purposes of this case that the goods purchased were not of a perishable nature, they would have, apart from other rights such as of lien, a right of re-sale as provided by section 54 of the sale of goods act subject of course to the limitations provided thereunder. as to these conditions it also ..... still the defendant did nothing and so they were entitled to sell the goods, as they 'did, by virtue of the provisions contained in sections 45, 46 and 54 of the sale of goods act put together. even if it were to be held that the property in the goods had not passed to the defendant and it remained with the plaintiffs, ..... seems to me that the property in the goods had passed to the defendant principal. the manner in which the plaintiffs had .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj50; [1967]20STC551(Raj)
..... the immovable property of the employer on the principle of accretion and not because of any contract for sale of goods as movables and, therefore there were no goods which could become the subject-matter of sale at that stage within the meaning of the sale of goods act. this was the position in man industrial corporation's case, ilr (1965) 15 raj 698: (air ..... to with approval by the supreme court as illustrative of the same principle.30. the principle deducible from these cases is that there could be no sale of goods within the meaning of the act until the wooden windows and doors were fastened on the spot because the contract was not merely to make certain materials but to fix them, and, ..... skill for making the frames and doors and windows and for fixing them at site and did not and cannot amount in law to a sale of goods as such within the meaning of the act. it is also contended that the property in the articles supplied by him to the state did not pass from the petitioner to the latter .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC86; AIR2003Raj251; RLW2003(4)Raj2248; 2003(3)WLC428
..... as such they are plyable on the public roads as an ordinary vehicle. the pay-underline are also having engine and speed. they have also capacity of transporting goods. the r.t.a. rejected the appeal of the appellant. the appellant challenged the demand notices as well as the order of the appellate authority, the appellant ..... police and because of accident, it remained out of use;(iii) that the motor vehicle was attached for the recovery of tax under the rajasthan land revenue act, 1956 (act no. 15 of 1956) by the competent authority or attached under the warrant of attachment issued by the competent authority or court and during the period of ..... . are against the judgment of the learned single judge dismissing the writ petition on the ground of availability of alternate remedy under the rajasthan motor vehicles taxation act, 1951. on the same controversy the revisional authority additional commissioner transport has taken the view in favour of the department and the same has been challenged by .....
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