Court has
to take into account Benami Transaction (Prohibition) Act 1988 and the
Prohibition of Benami Property Act, 1988 . Earlier act is referred ... relevant to refer to following paragraphs:
"26. The Benami Act further defines 'benami property'
and 'benami transaction' under Sections
Benami Properties Act, 1988 and consequently
the said three properties can never be treated or considered as benami property
i.e. being held ... Section 2(a) of the Benami Act defines
benami transaction as "any transaction in which
property is transferred to one person for a
consideration
contained in Benami Transactions (Prohibition) Act,
1988 (" Benami Act ") as amended by the Benami Transactions (Prohibition)
Amendment Act, 2016 . Learned Counsel submits that ... Reddy vs. Padmini Chandrasekharan4, Section 4 of the Benami Act, or
for that matter, the Benami Act as a whole, creates substantive rights in
favour
section 2(9)(A) of the Prohibition of Benami Property
Transactions Act, 1988. In short, the plaint grossly lacks the
necessary averments, required ... suit is barred by the provisions of the
Prohibition of Benami Property Transactions Act, 1988 is also
disputed. The plaintiffs contend that in view
real owners militates against the Benami
Transactions (Prohibition) Act, 1988 (The Act ) under Section
3(1) of which benami transactions are prohibited ... Section 2(a) of the Benami Transactions Act, a
Benami Transaction is defined as a transaction in which a
property is transferred to one person
Petitioner
Versus
The Initiating Officer under the Prohibition
of Benami Property Transaction Act, 1988,
DCIT(Benami Prohibition), Unit-1, Mumbai
& Anr. .. Respondents
...................
Mr. Jehangir ... Property Transaction Act, 1988 (hereinafter referred to as the
"said Act") in exercise of powers under Section 24(3) of the
said Act
Benami Properties Act, 1988 and consequently
the said three properties can never be treated or considered as benami property
i.e. being held ... Section 2(a) of the Benami Act defines
benami transaction as "any transaction in which
property is transferred to one person for a
consideration
tests for reclaiming
ownership of properties under Benami Transactions, before the
enactment of the Benami Transactions (Prohibition) Act, 1988 , can be
found in the Judgments ... applied for determining the nature of the benami property.
However, post the Benami Transactions (Prohibition) Act, 1988 , the
additional tests prescribed
barred by Section 4(1)
of the Prohibition of Benami Property Transactions Act, 1988 (for short
13
::: Uploaded on - 05/01/2026 ::: Downloaded ... property is not the subject matter of the present
Suit. Hence he would submit that the 2016 Amendment to the Benami
Transactions Act has been
pertaining to
attachment of
shares and property
under the Benami
Act . It was further
25 of 48
::: Uploaded on - 21/06/2024 ::: Downloaded ... have been
attached by the
Adjudicating
Authority, The
Prohibition of
Benami Property
Transaction Act,
1988 considering
them as Benami
companies.
8. Statement ofStatement
