BACHCHOOLAL Vs. STATE

JUDGEMENT

(1.) THIS is a plaintiff's first appeal. His suit for permanent injunction and for refund of customs duty, said to have been illegally recovered from him by the erstwhile State of Madhya Bharat, was dismissed by the trial Court.

(2.) THE facts giving rise to the present suit are not much in dispute.

(3.) ONE of the conditions contained in the document Ex. P/2 aforesaid, which is material for the purpose of the present suit, was as follows : - - After the period of one year, all vegetable oil and oil -cake shall respectively be subject to an export duty at the rate of annas 4 and anna 1 per Bengal maund provided that no exports will be made unless local requirements are fully met.