Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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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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