alleges that
petitioner got the loan sanctioned in his name 'benami'.
40. Whether this plea is correct or not has to be examined ... needs to bear in mind the provisions of the
Prohibition of Benami Transactions Act,1988 . It was amended
District
Mahasamund (C.G.)
---- Appellants
Versus
1. Assistant Commissioner of Income Tax (Benami Prohibition), Room No. 201,
First Floor, Central Revenue Building, Civil Lines, Raipur ... Initiating Officer, PBPT Act, Assistant Commissioner of Income Tax (Benami
Prohibition), Room No. 201, First Floor, Central Revenue Building, Civil Lines,
Raipur
vague, uncertain and cannot be
capable for execution under law.
(2) Benami transaction:
True, in modern days, most of the properties are purchased
on loan ... parties needs to be
looked into before declaring any transaction as benami
transaction.
The transfer of property may take place not only 'in present
barred by
limitation and that the same is also barred by the Benami Transactions
(Prohibition) Act, 1988 (in short 'the Benami ... claim of the plaintiffs in the present suit
would be barred by Benami Transactions (Prohibition) Act,
1988 and the plaint is liable to be rejected
claim of the
plaintiff/appellant was hit by the Prohibition of Benami Property
Transactions Act, 1988 (' Benami Act ', for short) and these aspects ... Whether the suit as framed, is barred in view of the
Benami Transactions (Prohibition) Act 1988?"
8. Dealing with the question whether the appellant
herein is that the suit claim is barred under the Prohibition of Benami Property
Transactions Act, 1988 and on that ground the suit is liable ... Such a holding is recognized under Section 4 of the Prohibition of
Benami Property Transaction Act 1988 (under Section
with effect from 1st February, 1975, with a
view to expose benami transactions. However thereafter, the
Parliament in the year 1988 promulgated the Benami Transactions ... Prohibition) Act, 1988 renamed as the Prohibition of Benami
Property Transactions Act, 1988 (Benami Act ). The Benami Act as
promulgated in 1988, prohibited any person
provisions of Section 3 and 4 of the Prohibition of Benami
Transactions (Prohibition) Act, 1988. Accordingly, it is submitted that
the trial court committed material ... held as under:-
"29. Section 2(a) of the Benami Act defines benami
transaction as
"any transaction in which property is transferred
Ajanta Merchants Private Limited vs Initiating Officer Acit Benami ... on 25 June, 2020
Author: Navin Chawla
Bench: Navin Chawla
$~3
* IN THE HIGH COURT ... Sanjivi Sheshadri, Mr.Sumer Dev Seth,
Advs.
versus
INITIATING OFFICER ACIT BENAMI PROHIBITION UNIT 2
DELHI & ORS. ..... Respondents
Through: Mr.Raghvendra K.Singh
particular sale
RSA No. 23/2019
Page 30 of 50
is a benami or not, is largely one of fact, and for determining the
question ... after the purchase;
c) Motive, if any, for giving the transaction a benami colour;
d) The position of the parties and the relationship
