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Madhya Pradesh Court September 1983 Judgments

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Sep 02 1983

Manoj TIn Containers Vs. Union of India and anr.

Court: Madhya Pradesh

Decided on: Sep-02-1983

Reported in: 1984(2)ECC286; 1985LC214(MP); 1987(11)LC154(MP); 1984(15)ELT80(MP)

R.K. Vijaywargiya, J.1. This petition under Articles 226 and 227 of the Constitution of India arises out of the following facts :The petitioner is a partnership firm and carries on business of manufacture and sale of metal containers covered under Item 46 of Central Excise Tariff and as such is an assessee for the purpose of the Central Excise. The petitioner cleared the goods between 1-4-1976 and 29-4-1976 on nil duty claiming exemption from duty under Notification No. 97/70, dated 1-5-1970. The respondent No. 2 issued a notice to the petitioner to show cause why a sum of Rs. 6,452 66 be not recovered from it on the ground that the aforesaid notification was not applicable to the petitioner. The petitioner showed cause. After hearing the petitioner the said notice was withdrawn and it was held that the exemption was applicable to the petitioner. In the meantime, the petitioner paid duty on similar clearances between 10-5-1976 and 8-11-1976. After the decision of the show cause notice ...


Sep 01 1983

Ratanlal Rajmistri Vs. Mohanlal Verma and anr.

Court: Madhya Pradesh

Decided on: Sep-01-1983

Reported in: 1(1984)ACC23

S.K. Seth, J.1. Appellant Ratanlal Rajmistri made an application to the Commissioner for Workmen's Compensation, Jabalpur on 7.5.1976 claiming a sum of Rs. 25,000/- as compensation for permanent disablement due to a personal injury, i.e. fracture in right thigh said to have caused to him on 12.7.1974 by accident arising out and in the course of his alleged employment as a mason with respondent Mohanlal Verma. Respondent Mohanlal Verma was a retired Post Master and resided in a house of his own situated in Galgala Ward of Jabalpur city. Respondent Dr. V.V. Shrivastava was son of Mohanlal Verma. It was alleged by appellant Ratanlal that respondent Dr. V.V. Shrivastava lived and kept his dispensary in the above said house belonging to his father. It was further alleged by him that the accident happened when he was working as a mason in the said house. It was for the said reason that he joined respondent Dr. V.V. Shrivastava also as a party in the claim. In their written-statement, the res...


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