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Documents citing Madras Pawn Brokers Association vs State Of Tamil Nadu. (And Other Cases) on 27 April, 1995

Alleppey Financial Enterprises vs Assistant Director Of Income-Tax ... on 15 October, 1998

21. The decision of the Madras High Court in Madras Pawn Brokers Association v. State of Tamil Nadu [1995] 98 STC 457 relied on in the C. M. P. order also only states that the pledgee has a special right over the pledged articles. If this is the legal position in so far as the rights of the pawnee in relation to the pawned articles it is not possible to hold that the Income-tax Department can invoke the provisions of Section 132(6) read with Section 132B, Section 226 arid Schedules II and III of the Income-tax Act, for, as already stated, the said powers can be exercised only in relation to the property absolutely belonging to the person from whom it is seized.
Kerala High Court Cites 20 - Cited by 0 - G Sivarajan - Full Document

Alleppey Financial Enterprises vs Assistant Director Of Income Tax ... on 15 October, 1998

The decision of the Madras High Court in Madras Pawn Brokers Association v. State of Tamil Nadu (1995) 98 STC 457 relied in the CMP order also only states that the pledge has a special right over the pledged articles. If this is the legal position in so far as the rights of the pawnee in relation to the pawned articles it is not possible to hold that the Income Tax Department can invoke the provisions of section 132(6) read with section 132B, section 266 and Schedules 2 and 3 of the Income Tax Act, for as already stated, the said powers can be exercised only in relation to the properties absolutely belonged to the person from whom it is seized.
Kerala High Court Cites 22 - Cited by 0 - G Sivarajan - Full Document

Alleppey Financial Enterprises vs Assistant Director Of Income-Tax ... on 13 February, 1997

6. The contention of the petitioner is that the pledged articles do not belong to them. Prima facie I cannot accept it. The petitioner-firm as pledgee is entitled to possession. They have statutory right to realise the money advanced on the security. The right of the pledgee is a special property right. A Division Bench of Madras High Court in Madras Pawn Brokers Assn. vs. State of Tamil Nadu (1995) 98 STC 457 (Mad) while dealing Pawners right held as follows :
Kerala High Court Cites 4 - Cited by 1 - Full Document

Alleppey Financial Enterprises vs Assistant Director Of Income-Tax And ... on 13 February, 1997

7. The contention of the petitioner is that the pledged articles do not belong to them. Prima facie I cannot accept it. The petitioner-firm as pledgee is entitled to possession. They have statutory right to realise the money advanced on the security. The right of the pledgee is a special property right. A Division Bench of the Madras High Court in Madras Pawn Brokers Association v. State of Tamil Nadu [1995] 98 STC 457, while dealing with pawners' right, held as follows (headnote) :
Kerala High Court Cites 4 - Cited by 0 - Full Document
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