with the Benami Transaction of the Property and to determine the nature
of transaction.
Burden of proof as regards the benami nature of transaction ... person
who alleges the transaction to be a benami. The
essence of a benami transaction is the intention of
the party or parties concerned
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 ... transfer is a benami or not are: (1) The
burden of showing that a transfer is a benami transaction
lies on the person who asserts
Section 3(1) of the Benami Act contains the
interdict that no person shall enter into any benami
transaction. The aforesaid prohibition has been judicially ... would
be a benami transaction.
Section 2(a) of the Benami Act defines benami
transaction as "any transaction in which property is
transferred
substantive legislation,
inter alia, substituting and widening the definition of
‘benami property and benami transaction’, and in
order to have retrospective operation for the period ... termed as a real benami
transaction, and the second transaction was considered
either as a sham transaction or “loosely” benami
transaction. In Sree Meenakshi Mills
termed as benami. But the word 'benami' is also occasionally used, perhaps not quite accurately, to refer to a sham transaction ... transaction which had taken place in the year 1940. It was contended that the question whether a transaction was of a benami nature
deed in the joint name of the plaintiff was only a
Benami transaction. After finding that the entire sale
consideration was advanced by the said ... property with
him and that it was not a case of
Benami transaction."
The High Court initially delivered the judgment without
hearing the counsel
recovery of her house property filed prior to the
Benami Transactions (Prohibition) Act, 1988 coming into force could be
considered to be prohibited by Section ... been paid by him. He denied that it was a Benami Transaction.
Defendant No. 3 filed his written statement and contended in para 5 thereof
Benami Property Transactions Act, 1988 (for short, Benami Act of
1988), as amended vide Benami Transactions (Prohibition)
Amendment Act, 2016 (for short, Benami Amendment ... Benami Act of 1988 and
new section 53 of Benami Amendment Act of 2016, it is pointed
out that the punishment for benami transaction under
JUDGMENT
K. Sukumaran, J.
1. The Benami Ordinance
The interpretation of the Benami Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988 (hereinafter referred ... past transactions. The reasons were :
"We do not consider it desirable that it should apply to past transactions, because those transactions would have been
Benami Property Transactions Act, 1988 (for short, Benami Act of
1988), as amended vide Benami Transactions (Prohibition)
Amendment Act, 2016 (for short, Benami Amendment ... Benami Act of 1988 and
new section 53 of Benami Amendment Act of 2016, it is pointed
out that the punishment for benami transaction under
