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1 - 10 of 12 (0.31 seconds)Nand Kishore Mehra vs Sushila Mehra on 2 July, 1995
● Alternatively, even if it is found that Bapanna had paid the entire sale
consideration, yet it must be presumed that it was intended for the
benefit of his wife Rajeswari Bai. At any rate, mere payment of sale
consideration is not the sole criterion for holding that a particular
purchase is a benami purchase. Reliance was placed on Bhim Singh
(dead) by L.Rs. and another v. Kan Singh [AIR 1980 SC 727]; Nand
Kishore Mehra v. Sushila Mehra [(1995) 4 SCC 572] and
Mangathai Ammal (Died) thru.
Mangathai Ammal (Died) Through Lrs vs Rajeswari . on 9 May, 2019
Besides, in Mangathai Ammal case,
the Hon'ble Supreme Court has held that the Act cannot have
retrospective effect which in the context would mean that the amended
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Act cannot affect pending suits. This would imply that neither the earlier
version of the Benami Transaction Prohibition Act, or the current version
of the Act made in 2016, bars the plaintiff from pleading benami.
Section 4 in The Benami Transactions (Prohibition) Act, 1988 [Entire Act]
The Code of Civil Procedure, 1908
Section 2 in The Amending Act, 1897 [Entire Act]
Valliammal (D) By Lrs vs Subramaniam & Ors on 31 August, 2004
In
Valliammal Vs Subramaniam [(2004)7 SCC 233], the Hon'ble Supreme
Court has formulated certain parameters for identifying a benami purchase.
They are:
Kanagambaram Ammal vs Kakammal, Govindasamy, Pachammal, ... on 19 August, 2004
● In a suit where the plaintiff seeks declaration that Ext.P.3 and Ext.P.8
are invalid, she herself has not opted to examine herself, but instead
examined only her son on her behalf. Necessarily, adverse inference
may have to be drawn against the plaintiff. Reliance was placed on
Kanagambaram Ammal v. Kakammal and others [AIR 2005 Mad
142] and P.D.P.Chinadurai v. T.Lakshmanan & others [2020-5-
L.W.264]. Her non-examination is significant in the context of the
fact that she asserts that Ext.D1=Ext.P17 and Ext.D2 =Ext.P18, sale
deeds respectively relating to 'A' and 'B' schedules of properties were
purchased benami by Bapanna Rao, and the burden of establishing
that Rajeswari Bai did not have any resources of her own, is on her,
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C.S.No.233 of 2009
which burden she has not discharged.
Thakur Bhim Singh (Dead) By Lrs And Anr. vs Thakur Kan Singh on 21 December, 1979
● Alternatively, even if it is found that Bapanna had paid the entire sale
consideration, yet it must be presumed that it was intended for the
benefit of his wife Rajeswari Bai. At any rate, mere payment of sale
consideration is not the sole criterion for holding that a particular
purchase is a benami purchase. Reliance was placed on Bhim Singh
(dead) by L.Rs. and another v. Kan Singh [AIR 1980 SC 727]; Nand
Kishore Mehra v. Sushila Mehra [(1995) 4 SCC 572] and
Mangathai Ammal (Died) thru.
Smt. P.Leelavathi (D) By Lrs. vs V.Shankarnarayana Rao(D) By Lrs. on 9 April, 2019
Bapanna Rao, the father of the plaintiff, admittedly, was working in the
Commercial Tax Department, and was a DCTO when he superannuated,
and it was his income that sustained the family. While the defendants
assert that Rajeswari Bai had sthridhana property etc., to support her, the
evidence on record indicates that there is no proof of any such
sthridhana property had ever existed. Reliance was placed on the ratio in
P. Leelavathi Vs V.Shankaranarayana Rao [2019 SCC Online SC 489]
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C.S.No.233 of 2009
and Mangathai Ammal & Others Vs Rajeswari & Others [2019 SCC
Online SC 717].