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1 - 10 of 17 (0.29 seconds)The Benami Transactions (Prohibition) Act, 1988
Section 94 in The Indian Trusts Act, 1882 [Entire Act]
Section 81 in The Indian Trusts Act, 1882 [Entire Act]
Section 82 in The Indian Trusts Act, 1882 [Entire Act]
Section 7 in The Benami Transactions (Prohibition) Act, 1988 [Entire Act]
The Code of Civil Procedure, 1908
The Indian Trusts Act, 1882
Section 2 in The Benami Transactions (Prohibition) Act, 1988 [Entire Act]
P.V. Sankara Kurup vs Leelavathy Nambiar on 16 August, 1994
In
the case of P.V. Sankara Kurup (supra), the Supreme Court was
dealing with Section 66 of CPC as it existed before its repeal by
Section 7 of the Benami Act and in the facts of the case as stated
above it was held that the purchaser had acted in fiduciary capacity as
an agent and consequently the bar of the Benami Act would not apply.
In the said judgment, the Supreme Court held that when the agent was
employed to purchase the property on behalf of his principal, however
does so in his own name, i.e. the agent's name then upon conveyance
or transfer of the property to the agent, he stands as a trustee for the
principal.