M. K. Balakrishnan Menon v. Asstt. Controller of Estate DUTY-CUM-1.T.O. Ernakulam
Case brief
What is this about?
SC 1971 (Grover J., Hegde J.) - Marumakkattayam Sthanam/Sthanamdar/Tarwad; estate duty payable on whole Sthanam property on sthanamdar's death; Estate Duty Act 1953 ss. 5(1), 7, 7(1), 35, 55; Hindu Succession Act 1956 ss. 7(1), 7(3) legal fiction of per capita division for distribution only; Art. 19(1)(f) constitutional reading; Kavalappara Kottarahil Kochuni v. State of Madras [1960] 3 SCR 887 relied on; Parr v. Parr (Leach M.R.) on meaning of 'devolve'; receiver as accountable person; appeals dismissed, no costs.
What did the court decide?
None. Appeal C.A. 1421/71 dismissed with no order as to costs, affirming the High Court's decision; appeal C.A. 1137/69 dismissed owing to the certificate being defective for want of reasons. ¶112