Court : Madhya Pradesh
Reported in : 1980(6)ELT593(MP); 1980MPLJ829
..... per cent respectively for the period from 1st october 1975 to 31st december 1975 will be rs. 40.98. it is further mentioned therein that the serviceable second-hand jute bags may be collected by the bag collecting agents of the respective cement factories and the resale price for the period from 1st october, 1975 to 31st december, 1975 ..... is a process incidental or ancillary to the completion of the manufactured product-cement and falls within the definition of 'manufacture' as contained in section 2(f) of the act, and that the gunny bags in which the cement was sold were not returnable and there was no material to show that they were actually returned. it was further ..... not included in the value of cement for charging excise duty. it may here be mentioned that cement of all varieties falls under item 23 of first schedule to the act and duty payable is 35 per cent ad valorem.4. in misc. petition no. 363 of 1976 the assistant collector, central excise, jabalpur, by orders dated 12th february, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP123; 1981MPLJ202
..... by us above. the restriction is in the interest of the general public for continuation of the business of the undertakings of the caltex (india) nationalised under the act is in national interest and for benefit of the country as a whole. section 7 (3), in our opinion, would, therefore, be protected under ..... rights of the caltex oil refining stand transferred to the hindustan petroleum not by any voluntary transfer but by the amalgamation order issued under section 306 of the companies act. we have already quoted clause (3) of the amalgamation order. the explanation contained in clause (3) makes it clear that all assets, rights, leases ..... business of refining crude oil and producing petroleum products in india. another subsidiary of the caltex petroleum corporation, namely, the caltex (india) limited (a foreign company) incorporated in bahamas islands, hereinafter referred to as the caltex (india), was carrying on through its undertakings in india the business of marketing and distributing .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1988(15)ECC238; 1987(12)LC1028(MP); 1985(19)ELT35(MP)
..... is to say,(a) man-made fibre of cellulosic origin;(b) cotton;(c) wool or acrylic fibre, or both;(d) silk (including bimlipatam) jute or mesta fibre);(e) jute (including bimlipatam);(f) man-made fibre of noneellulosic (jute or mesta origin, other than arcylic fibre; (fibre);(g) flax;(h) ramie;in any yarn are equal in weight, then, such one of those ..... decided the matter of classification without considering the provisions of tariff item 18(111) and (iv) and the notification no. 275/82 dated 13-11-82. thus, he has acted illegally and without jurisdiction.5. further, according to the petitioners tariff item 18 deals with man-made fibre and yarn, which have been divided into four distinct and independent sub ..... p.d. mulye, j.1. the petitioner m/s. hind syntex ltd., which is a company duly registered under the companies act, 1956, which has a factory in village bibrod, district dewas, where they are engaged in the manufacture of manmade yarns with different blends such as cellulosic spun fibre and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987(11)ECC296; 1987(13)LC51(MP); 1985(19)ELT329(MP)
..... potteries mehrauliv. union of india); 1982 excise law times 112 (patel prabhudas purshottamdas v. union of india); 1984 excise law and customs reporter 1509 (indian textile paper company ltd. v. the collector of central excise, madurai); 1983 excise law times 2506 (ganesh metal corporation v. collector of central excise, madras); 1984 excise & customs ..... a) man-made fibre of cellulosic origin;(b) cotton;(c) wool or acrylic fibre, or both;(d) silk (including bimlipatam jute or mesta fibre);(e) jute (including bimlipatam)(f) man-made fibre of non-cellulosic (jute or origin, other than acrylic fibre); mesta fibre;(g) flax;(h) ramie;in any yarn are equal in weight, then ..... madhumilan syntex private ltd. which is a company registered under the companies act, 1956 and of whom petitioner no. 2 is the managing director owns a factory at biora wherein they manufacture spun yarn. this product is covered by item 18, schedule 1 of the central excises and salt act, 1944.2. according to the petitioners in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1988)72CTR(MP)57; [1988]172ITR131(MP)
..... allowing the deduction of such expenditure on that ground ?'the material facts giving rise to this reference, briefly, are as follows :the assessee is a public limited company. in the returns filed by the assessee for the assessment years 1964-65 and 1965-66, the assessee claimed deduction of rs. one lakh in each year paid ..... & oil mills (p.) ltd. v. cit : [1980]125itr293(sc) , the decision in : [1977]106itr900(sc) must be confined to the peculiar facts of that case. in empire jute co. ltd. v. cit : [1980]124itr1(sc) , the supreme court observed as follows (p. 10) :'there may be cases where expenditure, even if incurred for obtaining advantage of enduring ..... , submitted an application for making a reference to this court but as that application was rejected, the assessee submitted an application under section 256(2) of the act before this court. that application was allowed and that is how the aforesaid questions of law have been referred to this court for its opinion.having heard learned .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1988MP181; 1988MPLJ266
..... the supreme court in the second case of minerva mills ltd. v. union of india, air 1986 sc 2030 while considering sick textile undertakings (nationalisation) act, 1974, held:-'as the act has been enacted with a view to reorganising and rehabilitating the sick textile undertakings so as to subserve the interests of the general public by the ..... the judgment was delivered, hind cycles ltd. and sen-raleigh ltd. (nationalisation) ordinance, 1980, was promulgated on 25-10-1980 which was subsequently made act no. 70 of 1980, taking over the management and ownership of the bicycle factories of respondent 2-company by the central government. by notification dated 28-10-1980 the central ..... acts can be identical and there are bound to be distinguishing features in each enactment as the object and purpose to be achieved in each enactment being different. it was also pointed that all the coal mines were nationalised and at one and the same time 57 textile mills were taken over, while only 2 cycle companies .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP279; 1988MPLJ301
..... of article 39 (b) and (c). the supreme court in minerva mills ltd v. union of india, air 1986 sc 2030 held that sick textile undertakings (nationalisation) act, 1974, has, been enacted with a view to reorganising and rehabilitating the sick textile undertakings so as to sub serve the interests of the general public by the ..... c.p. sen, j.1. the petitioner is seeking a declaration that provisions of hind cycles limited and sen-raleigh limited (nationalisation) act, 1980, (hereinafter referred to as act no. 70/1980) are ultra vires of the constitution and is also seeking a writ in the nature of mandamus directing the respondents to clear ..... not fit for reconstruction as the capital base had been eroded many times over and the companies could be restarted with unencumbered assets only after total elimination of the external liabilities through a process of nationalisation. the provisions of the act do not offend article 21 nor they are in contravention of articles 300a or 301. prioity has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(54)ELT178(MP)
..... sought to be given to the mini cement plant was for a particular date the declaration and assurances of the respondents was meaningless and acting on the assurance if a company takes steps for establishing a mini cement plant normally a time of 5 to 6 years shall be consumed in the completion of the plant ..... five years from the date of commencement of production.'a reference has also been made in the petition that acting on the assurances given by the respondents, the company's prospectus also stated inter alia that the company is exempted from distribution control under cement control order and eligible for excise benefits at rs. 35/- per ..... no. 1 m/s. dhar cement ltd. (hereinafter referred to as the company) is a public limited company duly registered with the registrar of companies m.p. gwalior under the companies act, 1956 and has its registered office at 50, sitlamata bazar, indore, the company is carrying on the business of manufacture of cement in its mini cement plant situated .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1992MP45
..... may also be mentioned that as pointed out in paragraph 17 of the impugned judgment, the provisions of the usurious loans act were made inapplicable to nationalised banks by notification no. f.1-45-vii-n-1-80, dated 12-2-1981. in view of this notification as well, the suit transaction could not be ..... the rate of interest charged by the banking company in respect of such transaction is excessive. section 21a of the banking regulation act came into force from 15-2-1984. it relates to procedure in the matter of reopening of accounts. it would, therefore, be applicable to ..... to be rejected in the light of section 21a of the banking regulation act, 1949, which reads as follows :-- notwithstanding anything contained in the usurious loand act, 1918(10of 1918), orany other law relating to indebetedness in force in any state, a transaction between a banking company and its debtor shall not be reopened by any court on the ground that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995ACJ262
..... be held liable. this pleading clearly indicates the collusive attitude of both the insurance company as well as the insured. it is this attitude which has been the subject-matter of criticism in various judgments. it is regrettable that a nationalised institution should come out with such evasive replies and returns and indulge in collusive ..... appellant has proved negligence on the part of the respondent no. 2, the tractor driver?8. the definition of 'proved' under section 3 of the evidence act reads as follows:'proved'-a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers ..... most unreasonable approach to the evidence available on record and submitted that the tribunal has completely overlooked the definition of 'proved' under section 3 of the evidence act.5. mr. sujan jain, the learned counsel appearing for respondent no. 1, has supported the finding that negligence was not proved and alternatively submitted that in .....
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