property is a benami property being subject matter of benami
transaction within the meaning of Section 2(9)(c) of the Benami
Property Act. Consequently ... note that in the year 2016, Benami
Transactions (Prohibition) Amendment Act, 2016 was enacted to amend
the Benami Property Act .
::5::
13. We may mention
preferring statutory appeals under Section 46 of the
Prohibition of Benami Property Transaction Act, 1988.
2. The brief facts necessary for the disposal of these ... appellant was faced with a proceeding under the
Prohibition of Benami Property Transactions Act, 1988 and was
served with a show cause notice dated
preferring statutory appeals under Section 46 of the
Prohibition of Benami Property Transaction Act, 1988.
2. The brief facts necessary for the disposal of these ... appellant was faced with a proceeding under the
Prohibition of Benami Property Transactions Act, 1988 and was
served with a show cause notice dated
preferring statutory appeals under Section 46 of the
Prohibition of Benami Property Transaction Act, 1988.
2. The brief facts necessary for the disposal of these ... appellant was faced with a proceeding under the
Prohibition of Benami Property Transactions Act, 1988 and was
served with a show cause notice dated
prohibit such arrangements and bar the enforcement of rights over
benami property, the Benami Act, 1988 was enacted.
17. However, under Section ... Benami Act was further amended extensively by way of the Benami
Transactions (Prohibition) Amendment Act, 2016 . Section 3(2) of
the Benami Act was deleted
Act is changed
into " The Prohibition of Benami Transactions Act,
1988 ". Section 1(3) of The Prohibition of Benami
Property Transactions Act ... benami name that transaction is called
'benami transaction'. Sub-section (12) of Section 2 of The
Prohibition of Benami Property Transactions Act
confirm these provisional attachment of benami property till the end of
these benami proceedings under Section 26 of the Act.
7. The provisional attachment orders ... property of the petitioners (Annexure P-3)
dated 16.12.2021 & 31.12.2021 under section 24(3) of the
Prohibition of Benami Property Transactions Act
property referred above (cash) should not be treated
as benami property as per the provisions of the Act. The
petitioners were also required to furnish ... definition of the 'benami transaction'
contained in Section 2(9) of the Prohibition of Benami Property
Transaction Act,1988, particularly in Sub-Section
much after coming
into force of Prohibition of Benami Property Transactions Act
1988, therefore, the ground raised by the plaintiff that half of the
consideration ... provisions of Section 4 of
the Prohibition of Benami Property Transactions Act, and thus, it is prayed
that the relief clause
issued under Section 24(1) of the
Prohibition of Benami Property Transaction Act, 1988
("the Act") ("Impugned Notice dated ... unconstitutional
and contrary to the provisions of the Prohibition of
Benami Property Transaction Act, 1988 and settled
principles of law and consequently;
ii) Set aside
