said
concusion. It was, therefore, not held to be a case of benami transaction. A
first appeal was preferred thereagainst before the High Court ... through an attorney does not negative the
nature of transaction being a benami one;
(iii) mutation of names of all the heirs of Suprovabala
CITATOR INFO :
RF 1981 SC 102 (33)
ACT:
Benami-What is-Tests for deciding benami transactions.
HEADNOTE:
Plaintiff no. 1 and plaintiff no. 2 were ... HELD: The transaction under which the patta was
obtained was not a benami transaction. The house was
acquired by the deceased brother with his money
view, it is not binding. The plaintiffs are at the most 'benami' even though the patta which is not admitted might be proved ... that the question whether the transfer effected under the patta was a benami transaction or not arose for consideration in the case. Even
though the plea in the lower Court was that this purchase was benami in their names by the 7th defendant. Learned counsel for the appellant ... relation to another item of A schedule properties, are benami and the real owner is 7th defendant. (The Court below has negatived this defence
learned Single Judge came to be conclusion that the property was purchased Benami by Ripudaman Singh. On his death, it devolved on the entire joint ... failed to establish that the 'Sterling Castle' was purchased Benami in the name of Dr. Tehl Singh from out of the personal funds
sale deed executed in favour of his wife as a
benami as he thought it would not be safe for him to get the sale ... that the property was purchased in the name of Ramayee
Ammal as benami on his behalf to safeguard the same from some
other creditors
Secretary, Income Tax
Department, Government Of India, New Delhi.
2. Deputy Commissioner (Benami Prohibition) Jaipur And
Initiating Officer, Office At Room No. 250, New Central ... Income Tax Office, Statue Circle, Jaipur
3. Adjudicating Authority, The Prohibition Of Benami
Property Transaction Act 1988, Office At, Room No. 26,
4Th Floor, Jeevan
Whether the Suit as filed is barred under the
provisions of the Benami Transactions Act ?
(b) Whether the Suit is barred by limitation?
2. Before ... view of the
provisions of Section 4(3)(b) of the Benami Transactions
(Prohibition) Act, 1988 ("the Benami Act "), a claim of this
different perspective in interpretation can be seen in the
enactment of the Benami Transactions (Prohibition) Act, 1988 (DTA).
Under Section ... President of India on 5 September 1988.
Section 3 prohibited Benami transactions. Section 5 declared that the
property held Benami was liable to acquisition. Section
namely, late Sh. Ravi Shankar Tandon
and that the property is a benami property and even, the defendant has a
right in the same ... barred to claim title to the property under the Prohibition of Benami
Property Transaction Act, 1988 and the present suit would accordingly
be barred
