Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
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.
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