Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
The article addresses whether alleged transactions constituted benami transfers and whether the fiduciary exemption to the benami prohibition applies. It explains that fiduciary relation was not established: no power of attorney, absence of evidence that the ostensible purchaser held title for the benefit of the alleged beneficial owner, and no statutory permission for non tribal acquisition of tribal land. It states that simple entrustment of consideration or employment does not create a trust protected by trust law, that statutory repeal limits trust based exemptions, and that attachments of the disputed properties were therefore sustained as benami transfers contrary to tribal land restrictions.
The article addresses whether alleged transactions constituted benami transfers and whether the fiduciary exemption to the benami prohibition applies. It explains that fiduciary relation was not established: no power of attorney, absence of evidence that the ostensible purchaser held title for the benefit of the alleged beneficial owner, and no statutory permission for non tribal acquisition of tribal land. It states that simple entrustment of consideration or employment does not create a trust protected by trust law, that statutory repeal limits trust based exemptions, and that attachments of the disputed properties were therefore sustained as benami transfers contrary to tribal land restrictions.
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