Constructive - Resjudicata - fail to raise objection earlier =if the judgment debtor had the opportunity of raising an objection which if he could have raised earlier, but failed to take such a plea, that plea cannot be allowed to be taken at a later stage on the principal of constructive res judicata. In the present case petitioners had the opportunity of raising objection to the attachment of property when the order of conditional attachment was issued and notice was served on them to furnish security or to show cause against furnishing security. Petitioners did not raise any objection. They are therefore, precluded from raising objection to the attachment so far as the order of attachment before judgment is not null or void, in execution on the principle of constructive res judicata.-2015 s.c.(2008} msk lawreports

Constructive - Resjudicata - fail to raise objection earlier =if the judgment debtor had the opportunity of raising an objection which if he could have raised earlier, but failed to take such a plea, that plea cannot be allowed to be taken at a later stage on the principal of constructive res judicata. In the present case petitioners had the opportunity of raising objection to the attachment of property when the order of conditional attachment was issued and notice was served on them to furnish security or to show cause against furnishing security. Petitioners did not raise any objection. They are therefore, precluded from raising objection to the attachment so far as the order of attachment before judgment is not null or void, in execution on the principle of constructive res judicata.-2015 s.c.(2008) msk lawreports

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Section 8 of the Hindu Minority and Guardianship Act, 1956 - permission of court for selling minor property by natural guardian- In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage,there is nothing on record to suggest that previous permission of the Court was obtained by the natural guardian before transfer by sale in question.-2015 S.C.(2013) MSKLAWREPORTS24

Section 8 of the Hindu Minority and Guardianship Act, 1956 deals with the powers of natural guardian of a Hindu minor and the said section mandates that the natural guardian has power to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor's estate, etc. The provision reads as follows: Sec. 8 . Powers of natural guardian.- (1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court,- (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor; or (b) lease any part of such pro...
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APEX COURT DIGEST 2016 - 1

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Section 25(1) of the Customs Act-exempted from payment of customs duty and additional duty leviable under the Customs Tariff Act.-Under Notification No.17/2001, that the benefit of duty exemption is available only for the import of the plant in full either in CKD or SKD condition. - The subject import can be considered only as a part of the plant.-Therefore, the goods under import are not eligible for the duty exemption as provided under the Notification No.17/2001.-what was imported was not a hot mix plant but only certain parts of such plant and, therefore, the exemption notification would not apply. -It is settled law that statements made to an Officer of Customs are admissible in evidence under Section 108 of the Customs Act, 1962.In the present case, both the oral evidence and the documentary evidence ultimately lead to the same conclusion: namely, that what was imported was not a hot mix plant that was complete in itself. - But not an unassembled Hot Mix Plant -have no application to an exemption notification which is issued under Section 25 of the Customs Act. - 2015 S.C. MSKLAWREPROTS

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