Uttaranchal Court March 2009 Judgments
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Bharat Heavy Electricals Ltd. Vs. Commissioner Central Excise
Court: Uttaranchal
Decided on: Mar-18-2009
Reported in: 2009(165)LC1; 2009(241)ELT33(NULL)
Prafulla C. Pant, J. 1. An application was moved under Section 35H of Central Excise Act, 1944, by the assessee for making reference on questions arising out of the impugned order dated 21.03.2003, passed by Custom, Excise and Service Tax Appellate Tribunal (herein after referred as CESTAT), New Delhi, in appeal No. EA/2911-12/02-C of 2002, on which under directions of this Court, reference was made by said Tribunal on following questions: 1. Whether the matter (BHEL's Appeal against CCE/Meerut's O-1-O No. 36-37/Commr/2002 dated 30.09.2002) heard and decided by the CESTAT on 21/03/2003 was continuation of the same proceedings as initiated vide Superintendent Central Excise's Show Cause Notices dated 26/06/1996 and 27/08/1996? 2. Whether the question of law about the legal competence of Superintendent Central Excise to issue Show Cause Notice (herein after referred as SCN) for disallowance of Modvat Credit and consequently of the jurisdiction of Adjudicating Authority over the matter (w...
Babli Alias Vinay Kumar (Since Deceased) and anr. Vs. State
Court: Uttaranchal
Decided on: Mar-06-2009
Reported in: 2009CriLJ2362
Prafulla C. Pant, J.1. These two appeals, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P.C.), are directed against the judgment and order dated 12th September, 1995, passed by learned Additional Sessions Judge, Roorkee, in Sessions Trial No. 133 of 1991, whereby the appellants Babli alias Vinay Kumar, Suresh and Samsher alias Sakal are convicted under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as IPC) and each one of the convicts is sentenced to imprisonment for life and directed to pay a fine of Rs. 500/- and in default of payment of which, the defaulter convict has to undergo further one year rigorous imprisonment.2. Heard learned Amicus Curiae for the appellants and learned Brief Holder for the State.3. Prosecution story, in brief, is that on 10-12-1990 at about 4-15 p.m. complainant Dayanand Sharma (P.W. 1) resident of 115, Nehru Nagar, Roorkee, along with his son Praveen Kumar (deceas...
Ram Bahadur and anr. Vs. Sharda Leesa Factory Jawahar Jyoti
Court: Uttaranchal
Decided on: Mar-02-2009
Reported in: (2009)IIILLJ645UC
B.C. Kandpal, Actg. C.J.1. This appeal under Section 30 of Workmen's Compensation Act, has been preferred against the Judgment and award dated July 10, 2006, passed by the Commissioner Workmen's Compensation/Deputy Labour Commissioner, Uttaranchal, Haldwani in W.C.A. No. 49/2002, Ram Bahadur and Anr. v. Sharda, Leesa Factory.2. Brief facts of the case giving rise to this appeal are that the appellants/claimants filed claim petition before the Workmen's Compensation Commissioner/Deputy Labour Commissioner, Haldwani for the death of Thakur Das occurred during the course of his employment under the respondent/Sharda Leesa Factory. According to the claimants Thakur Das died on August 20, 2002 due to the accident occurred on August 18, 2002 while he was working under the employment of the respondent. At the time of the accident Thakur Das was 21 years of age and he was being paid Rs. 150/- per day wages by the respondent/factory.3. On the claim application notice was issued to the responden...
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