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Benami
Benami, the word 'benami' issued to denote two classes of transactions which differ from each other in their legal character and incidents. In one sense, it signifies a transaction which is real, as for example, when A sells properties to B but the sale deed mentions X as the purchaser. Here the sale itself is genuine, but the real purchaser is B, X being his benamidar. This is the class of transactions which is usually termed as benami. But the word 'benami' is also occasionally used, perhaps not quite accurately, to refer to a sham transaction, as for example, when A purports to sell his property to B without intending that his title should cease or pass to B. The fundamental difference between these two classes of transactions is that whereas in the former there is an operative transfer resulting in the vesting of title in the transferee, in the latter there is none such, the transferor continuing to retain the title notwithstanding the execution of the transfer deed. It is only in ...
Compensatory tax
Compensatory tax, a working test for deciding whether a tax is compensatory or not is to enquire whether the trades people are having the use of certain facilities for the better conduct of their business and paying not patently much more than what is required for providing the facilities. It would be impossible to judge the compensatory nature or a tax by a meticulous test, and in the nature of things that cannot be done, Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan, AIR 1962 SC 1406 (1425). (Constitution of India, Art. 301)Means taxes which would otherwise interfere with the unfettered freedom under Art. 301 will be protected from the vice of unconstitutionality if they are compensatory, Jindal Stainless Ltd. (2) v. State of Haryana, (2006) 7 SCC 241.Compensatory tax, is a compulsory contribution levied broadly in proportion to the special benefits derived to defray the costs of regulation or to meet the outlay incurred for some special advantage to trade, commerce and...
For the purpose of making a survey of Wakf properties
For the purpose of making a survey of Wakf properties, the words 'for the purpose of making a survey of wakf properties' is a key to the construction of the section. The ordinary meaning of the word 'survey', as given in the Random House Dictionary of English Language, is 'to take a general or comprehensive view of or appraise, a situation's. If the Commissioner of Wakfs has the power to make a survey, it is but implicit that in the exercise of such power he should enquire whether a wakf exists. The making of such an enquiry is a necessary concomitant of the power to survey, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCC 468: (1979) 2 SCR 148....
Supervisory
Supervisory, the work of checking the authority of the person passing the voucher or to enquire whether the limit of authority has been exceeded is also no doubt work of a checking type but the checking is purely mechanical, and it cannot be said to include any supervisory function, LIoyds' Bank Ltd. v. Panna Lal Gupta, AIR 1967 SC 428 (432). (Industrial Disputes Act, 1947, s. 15)...
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