Forfeiture of Property) Act, 1976 (13 of 1976) or the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) or the Prevention of Money
Section 4 in The Benami Transactions (Prohibition) Act, 1988
4. Prohibition of the right to recover property held benami
(1) No suit, claim or action ... enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person
Section 3 in The Benami Transactions (Prohibition) Act, 1988
3. Prohibition of benami transactions
(1) No person shall enter into any benami transaction. (2) Whoever ... enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both
SC1654 (40,44)
R 1992 SC 885 (6,7,8)
ACT:
Benami Transaction- (Prohibition) Act, 1988 : Sections
2(a) , (c), 3(2) and 4--Prohibition ... right to recover
property held benami-Whether applicable to an appeal pending
on the date of commencement of Act--Delay in disposal of
appeal--Whether
Section 2 in The Benami Transactions (Prohibition) Act, 1988
2. Definitions
In this Act, unless the context otherwise requires,- (1) "Adjudicating Authority" means the Adjudicating ... banking institution referred to in section 51 of that Act; (8) "benami property" means any property which is the subject matter of a benami transaction
clause (d) of section 2;”. PART VI-AMENDMENTS TO THE PROHIBITION OF BENAMI PROPERTY TRANSACTION
Section 5 in The Benami Transactions (Prohibition) Act, 1988
5. Property held benami liable to confiscation.
Any property, which is subject matter of benami transaction
following effect "whether
Section 4(1) of the Benami Transactions (Prohibition) Act,
1988 (hereinafter referred to 'Act') can be applied to suit ... claim or action to enforce any right in property held benami
against person in whose name such property is held or any
other person
SC1362 (35)
R 1980 SC 727 (17)
ACT:
Benami Transaction-Burden of proving that a particular
transaction is benami lies on the person who asserts ... This
burden has to be discharged by definite proof-Essence of
benami is the intention of parties-Circumstances to be taken
into consideration for determining
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