notwithstanding the
prohibition to enter into a benami transaction contained in sub-
section (1) of Section 3 cannot enforce his rights arising
therefrom ... Benami Act , read as follows:
"3. Prohibition of benami transactions.- (1) No person shall
enter into any benami transction.
(2) Nothing in sub-section
consider the relevant
provisions of the Act. Section 2 defines ‘benami transaction’ as as any
transaction in which property is transferred to one person ... prohibits entering such
8 “3. Prohibition of benami transactions-
6
transactions, barring for the benefit of wife or unmarried daughter. Section 4
reads as follows
Benami Transaction (Prohibition) Act, 1988 is extracted as
below: -
―Definitions. - In this Act, unless the context otherwise requires, -
(a) ―Benami transaction‖ means any transaction ... such property.‖
3. Prohibition of benami transactions. - (1) No person shall enter into any
benami transaction.
(2) Nothing in sub-section (1) shall apply
Prohibition of benami transactions.
9
3. (1) No person shall enter into any benami transaction.
(2)Whoever enters into any benami transaction shall be punishable ... with both.
(3) Whoever enters into any benami transaction on and after the
date of commencement of the Benami Transactions (Prohibition)
Amendment Act, 2016 , shall
another person:"
3. Prohibition of benami transactions- (1) No person shall enter into any benami
transaction.
(2) Nothing in sub-section (1) shall apply ... provided by another. Benami
transactions are prohibited by virtue of Section 3 of the enactment; Section 3(3) deems it to be an
offence punishable
next, that the bar created by Section 4 (1) of the Benami
Act is relieved by Section 4(3) (b) which intends that if property ... consideration paid or provided by another person;
3. Prohibition of benami transactions--
(2) Nothing in Sub-section (1) shall apply to--
(a) the purchase
Section 3 of the Benami Transactions (Prohibition) Act, 1988 prohibits anyone
from holding property benami, which is defined under Section ... transaction amounts to a
benami transaction and is hit by the provisions of the 1988 Act.
The Karnataka High Court held, after setting out Section
complaint as well as the order of the
Metropolitan Magistrate under section 156(3). The learned Single Judge
significantly noticed that this was bereft ... partition. This Court also recollects Sections 3 and 4 of the Benami
Transactions (Prohibition) Act, 1988, which forecloses any such claim,
unless the relationship
fiduciary" capacity,
to enable them to claim it. Section 4(3) of the Benami Transactions (Prohibition) Act, 1988
recognises only such a situation
amended plaint are
maintainable in view of Sections 3 and 4 of The Benami Transactions (Prohibition) Act,
1988. It is submitted firstly that the suit ... 2001 Page 3
"3. Prohibition of benami transactions.-(1) No person shall enter into
any benami transaction.
(2) Nothing in sub-section (1) shall
