Allied Laws

Ajay R. Singh

1. Benami transaction

Prohibition against benami transaction not applicable to property purchased in the name of wife or unmarried daughter under section 3(2)(a) of the Act.

Ms. Milan Madhukar Korgaonkar vs. Shashank Shri Krishna Gandhi AIR 2010 (NOC) 476 (Bom.)

2. Custody of Minor – Decree of Foreign Court – Guardian & Wards Act, 1890, Ss. 7 and 17

Children having USA citizenship living in India with their mother and maternal grand parents. Father living in USA had obtained decree of custody from competent court at USA. For enforcement of said decree welfare of children cannot be subjected to sacrifice. Comfort and solace of children with their mother cannot be disturbed. Foreign judgement cannot be enforced.

Padi Trigunsen Reddy & Ors vs. Jyothi Reddy & Ors. AIR 2010 Andhra Pradesh 119.

3. Interpretation of term `Domicile’ and `Residence’

Domicile and residence are different and yet related concepts, they have to be understood in the context in which they are used having regard to the nature and purpose.

Parbat S/o Namdeo Naikwadi vs. The Indian Oil Corpn. Ltd.2010 Vol. 112(5) Bom. L.R. 2307

4. Indian Trusts Act applicable only to private trusts and not to public trusts – Trust Act, 1882

The preamble of Indian Trusts Act clearly shows that the said Act was enacted by the Parliament to define and amend the law relating to private Trusts and Trustees and the provisions of this Act has no application so far as public Trust is concerned.

Shyamabai Suraj Karan Joshi & Ors vs. Madan Mohan Mandir Sanstha AIR 2010 Bombay 88

5. Nomination of shares – Company

The nomination has to be made during the life time of the holder of shares as per procedure prescribed by law if that procedure is followed, the nominee would become entitled to all the rights in the shares to the exclusion of all other persons. The nominee would be made beneficial owner thereof. The intent behind the section 109A of the Companies Act and 9.11 of the Depositories Act is that the nomination is to vest the property in the shares which includes the ownership rights thereunder in the nominee.

Harsha Nitin Kokate vs. The Saraswat Co-op. Bank Ltd & Ors. 2010 Vol. 112 (5) Bom. L.R. 2014.

6. Right to live vis-ŕ-vis Right to Education - Constitution of India

Right to live takes within its fold right to education and more so quality education. As per Article 21A, the state is duty bound to provide free and compulsory education to all children of the age of 6 to 14 year in such manner as the State may determine. To effectuate the constitutional obligation of the state, the Right of Children to Free and Compulsory Education Act, 2009 has been enacted and effective from 1-4-2010.

Asha Seva Bhavi Sanstha through its President Pralhad Balburao More & Ors vs. The State of Maharashtra through its Secretary, School Edu. & Sport Dept. & Ors. 2010 Vol. 112 (4) BOM L. R. 1492

7. Right to Information – Definition "Information" and `Public Authority’ – Ss. 2(f) and 2(h)

The information concerning a private body, also undoubtedly forms part of "information" for the purpose of RTI Act, provided such information is liable or capable of being accessed by a public authority under any other law inforce, for the time being.

All co-operative societies registered in accordance with the provisions of the Co-operative Societies Act will not fall within the expression public authority as defined under section 2(h) of the RTI Act, so long as they are not substantially financed or funded, either directly or indirectly by the Govt.

Sri Bhavana Rishi Co-op. House Building Society vs. A.P. Information Commission HACA Bhavan & Anr. AIR 2010 AP 127.

8 Right to Information – Exemption – Income Tax Assessment – Informer

If an informer is using RTI to get information which can help him to claim a reward by showing that tax has been evaded, it cannot be considered to be misuse of information in any way, nor it can be considered to be unwarranted invasion of privacy of assessee.

Rakesh Kumar Gupta vs. Public information officer, New Delhi (2010) 190 Taxman 46 (CIC-New Delhi)