Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Page of 4809
Press 'Enter' after typing page number.
6201 to 6220 of 96174 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
A pleaded pre existing fiduciary relationship can fall within the statutory exception to benami prohibition, and whether a transaction is genuine fiduciary trust or a disguised benami is a mixed question of law and fact requiring evidence; summary dismissal at the plaint stage was inappropriate where issues had been framed and the onus to establish the statutory bar rested on the respondent. The trial court's reliance on the mere use of the word "benami" in pleadings to refuse adjudication was reversed; the impugned order is set aside and the matter returned for trial to decide the factual foundation of the fiduciary claim.
A pleaded pre existing fiduciary relationship can fall within the statutory exception to benami prohibition, and whether a transaction is genuine fiduciary trust or a disguised benami is a mixed question of law and fact requiring evidence; summary dismissal at the plaint stage was inappropriate where issues had been framed and the onus to establish the statutory bar rested on the respondent. The trial court's reliance on the mere use of the word "benami" in pleadings to refuse adjudication was reversed; the impugned order is set aside and the matter returned for trial to decide the factual foundation of the fiduciary claim.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
