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
Petitioner
Vs.
1.The Adjudication Authority,
Under the Prohibition of Benami Property
Transaction Act,
Room No.26, 4th Floor,
Jeevan Deep Building,
Parliament Street ... passed the impugned order under
Section 24(4)(a)(i) of the Benami Transactions (Prohibition) Amendment
Act, 2016 [hereinafter referred
they had all been purchased with the funds belonging to Jagannadha Rao, benami in her name. A plea of limitation was also raised. The question ... benami formed the subject of the first issue and the question of limitation of the second issue.
4. The learned Subordinate Judge found the first
defendant. He asked the defendant to execute a formal deed acknowledging the benami nature of the document of sale of the year ... appellant, mainly contends that the purchase of the properties was only benami in the name of the respondent for his benefit, and that he obtained
question of the greatest difficulty that arises in dealing with the benami transactions is how to distinguish the real from the benami. For indeed ... matter of common experience that in these benami transactions, the proceedings which would attend a real transfer are carefully gone through in order to throw
offend Art. 21 of the Constitution. Further, after the introduction of the Benami Transactions (Prohibition) Act, 1988 , (No. 45 of 1988), the accused cannot ... sources of income, which he was not able to satisfactorily account. The Benami Transactions (Prohibition) Act, 1988 , (No. 45 of 1988) has a purpose behind
aside?
2. Whether the suit property site was purchased by the plaintiff Benami?
3. Whether the plaintiff built the superstructure on the suit property site ... Whether the suit property was purchased benami by the plaintiff George Thomas in the name of the first defendant Srividya?
2. Whether the construction
came to India, that the properties were purchased with his own funds benami in the name of his wife and were his exclusive properties ... well aware that the properties stood in Murugayee's name only benami and that he was the real owner. He admits that a decree
were only purchased by Kesava Padayachi in the name of his wife benami for himself and that so far as the B schedule properties ... view that in view of the provisions contained in Benami Transactions (Prohibition) Act, 1988 , the plaintiff is precluded from asserting the claim of benami
assets by the husband to the wife. A case of benami stands on an entirely different basis; the transfer is only ostensible, there being ... from the clutches of the general law of benami. The transaction, it will be observed, has the air of unreality and artificially about
