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
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
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
sale of goods entered in
the names of dummy firms and Companies-Benami, Meaning of-
Finding of the status of such firms and Companies ... reference under s. 66(1) of the
Act.
The question of benami is purely a question of fact and not
a mixed question
defendant-appellant
herein that the suit was hit by The Benami Transactions (Prohibition) Act,
1988 , was also repelled by the High Court.
2. Appearing ... whether the sale transaction in favour of
the appellant was a benami transaction so as to be hit by the provisions of
the Benami Transactions
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
suit or to take up a
defence in respect of a benami transaction imposed by
Section 4 of the Benami Transactions (Prohibition ... applies to a benami transaction of purchase
of property by a person in the name of his wife or unmarried
daughter, is the question requiring
transferable."
Analysing the provisions of Section 4(2) of the Benami Transactions
Act and Section 13 of the Act, the learned Judge opined ... make a claim to any property even though
the same is held benami in some other person. The
same can't be done
