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    <title>1930 (8) TMI 20 - HIGH COURT OF BOMBAY</title>
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    <description>A departmental conduct rule did not render the share purchase void on public policy grounds because it was not an absolute statutory prohibition and no incompatibility with the servant&#039;s duties was shown. Applying the Indian rule against a presumption of advancement, the Court treated the transaction as a resulting trust unless a gift was proved, and the evidence did not establish an intended gift to the deceased son. Limitation ran only from the bank&#039;s definitive refusal to register the plaintiff&#039;s name, so the claim was within time. The Companies Act provisions on trust recognition did not defeat the plaintiff&#039;s beneficial claim as between the parties.</description>
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    <pubDate>Fri, 29 Aug 1930 00:00:00 +0530</pubDate>
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      <title>1930 (8) TMI 20 - HIGH COURT OF BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=96540</link>
      <description>A departmental conduct rule did not render the share purchase void on public policy grounds because it was not an absolute statutory prohibition and no incompatibility with the servant&#039;s duties was shown. Applying the Indian rule against a presumption of advancement, the Court treated the transaction as a resulting trust unless a gift was proved, and the evidence did not establish an intended gift to the deceased son. Limitation ran only from the bank&#039;s definitive refusal to register the plaintiff&#039;s name, so the claim was within time. The Companies Act provisions on trust recognition did not defeat the plaintiff&#039;s beneficial claim as between the parties.</description>
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      <pubDate>Fri, 29 Aug 1930 00:00:00 +0530</pubDate>
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