Section 3 of Benami Transactions
(Prohibition) Act reads thus:-
"3. Prohibition of benami transactions.-(1) No person
shall enter into any benami transaction ... benami transaction.
Sub Section (1) candidly prohibits that no person shall
ma 28/2008 17
enter into benami transaction. However, sub section (2)
of Section
benami",
without considering the provisions contained under Section 4(3)(b) of the Act at all.
In fact, the ingredients of "benami transaction ... benami transaction". The learned Senior
Counsel appearing for the defendant proceeded to contend that to avail the
benefits conferred under Section 4(3
benami",
without considering the provisions contained under Section 4(3)(b) of the Act at all.
In fact, the ingredients of "benami transaction ... benami transaction". The learned Senior
Counsel appearing for the defendant proceeded to contend that to avail the
benefits conferred under Section 4(3
Section 3 of Benami Transactions
(Prohibition) Act reads thus:-
"3. Prohibition of benami transactions.-(1) No person
shall enter into any benami transaction ... benami transaction.
Sub Section (1) candidly prohibits that no person shall
ma 28/2008 17
enter into benami transaction. However, sub section (2)
of Section
Section 3 of Benami Transactions
(Prohibition) Act reads thus:-
"3. Prohibition of benami transactions.-(1) No person
shall enter into any benami transaction ... benami transaction.
Sub Section (1) candidly prohibits that no person shall
ma 28/2008 17
enter into benami transaction. However, sub section (2)
of Section
section (3) of
Section 4 was omitted, would not apply to the instant case.
Instead, the Old Act, which included sub section (3) to
Section ... children is
for their benefit. By Benami Amendment Act, 2016 , Section
3(2) of the Benami Transaction Act, 1988, the statutory
presumption, which was rebuttable
Benami Transaction as defined under Section 2 (a) of the
Suit no. 559/08 Raj Kumar Thakkar Vs. Smt. Manju 9/ 16
Benami Transactions (Prohibition ... 3 of the Benami Transactions
(Prohibition) Act, 1988 which lays down that no person shall enter into any
Benami Transaction. The only exception provided under
Section 2(a) of the said Act defines "benami transaction". According to the said provision "benami transaction" means any transaction ... case comes within the exception mentioned under section 4(3)(b) of the Benami Transactions (Prohibition) Act of 1988, which carves out exception in favour
Prohibition) Amendment Act, 2016 . Section 3(2) of the
Benami Act was deleted. However, under the definition
of prohibited benami transactions in Section ... under which the transaction is not
considered as a benami transaction. Such exceptions as
provided in Section 2(9) of the Benami Act are such
implied trust in benami
transactions, "however, such trusts are not the trusts which are
within the purview of Section 4(3 ... proposition that
a combined reading of section 3(2) of the Benami Transactions
Act and section 14 of the Hindu Succession Act would show
that
