transaction".
Section 3 of the Benami Act, in sub-section (1), provided that no person
shall enter into any benami transaction. Sub-section ... benami
transaction" has undergone a change. Under the Amended Act "benami
transaction" means (under Section 2(9) of the Act) a transaction
infringement of
patents‖, alongside Section 107 titled ―Defences etc. in suits for
infringement‖ and to adopt the language in Section 107A , of acts mentioned
therein ... Sections 3(1) and 3(3) of the Benami Transactions
(Prohibition) Act, 1988 which prohibits a person from entering into any
benami transaction, Section 3
reads as follows -
3. Prohibition of benami transactions
(1) No person shall enter into any benami transaction.
(2) Nothing in sub-section (1) shall apply ... Section 3 (1) of the Benami Transactions (Prohibition) Act, 1988, benami transactions are prohibited. But as per Section 3 (2) of the Act, a person
infringement of
patents‖, alongside Section 107 titled ―Defences etc. in suits for
infringement‖ and to adopt the language in Section 107A , of acts mentioned
therein ... Sections 3(1) and 3(3) of the Benami Transactions
(Prohibition) Act, 1988 which prohibits a person from entering into any
benami transaction, Section 3
suit is hit by Section 3(2) of the said
Act. Section 3(1) of the Benami Transactions (Prohibition)
Act, 1988 prohibits any person entering ... into benami
transaction. Sec. 3(2) states that sub-section (1) is not
*R.F.A.NO.859/2011
29
applicable to purchase
suit is barred under
Section 3 and 4 of the Benami Transaction Act is concerned, from
the relief portion claimed by the plaintiff, it appears ... Section 3 sub-
section 2(a) of the Benami Transaction Act provides that the
provision of sub- section 1 of Section 3 of Benami Transaction
refer
to Sections 3 and 4 of the Act, which runs thus:
" Sec.3 - Prohibition of benami
transactions:-
1. No person shall enter into ... benami
transactions, whereas Section 4 contemplates
prohibition of the right to recover property held benami.
This transaction, if examined in the light of Sections 3
tenable in view of provisions of Section 3 & Section 4 of Benami
Transaction (Prohibition) Act 1988 which ... under:
Section
3 Prohibition of benami transactions
(1). No person shall enter into any benami
transactions.
(2) Nothing in subsection (1) shall apply
Therefore, the transaction was a 'benami transaction' within the meaning of that term under the Prohibition of Benami Property Transactions Act, 1988 (hereinafter ... under section 4 (1) of the Act. In this regard section 2(a) that defines 'benami transaction' and the provisions of section
said suit; (xxii) even though benami transactions were then permitted but
CS(OS) No.551/2016 Page 3 of 17
Col. Ram Prakash Sharma could ... Benami Transactions
(Prohibition) Act that the law came to prohibit benami transactions.
However the prohibition of benami transactions vide Section 3 of the said
