petitioner
has relied on Sub-Section (3) to Section 3 , stating that whoever enters into
any benami transaction on and after the date of commencement ... Section (3) of the Act. Thus, the reference made by the learned counsel for
the petitioner regarding Sub-Section (3) to Section 3 cannot have
petitioner
has relied on Sub-Section (3) to Section 3 , stating that whoever enters into
any benami transaction on and after the date of commencement ... Section (3) of the Act. Thus, the reference made by the learned counsel for
the petitioner regarding Sub-Section (3) to Section 3 cannot have
hereunder:
“3. Prohibition of benami transactions:
(1) No person shall enter into any benami transaction.
* * * * *
3
[(2)] Whoever enters into any benami transaction shall ... with both.
4
[(3) Whoever enters into any benami transaction on and after
the date of commencement of the Benami Transactions
(Prohibition) Amendment
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
which is covered by the exception provided in section 4(3)(b) of
the Benami Transactions (Prohibition) Act, 1988 so defence of defendant ... section 4 of the aforesaid Act.
Section 2(9) of the Benami Transaction (Prohibition) Act, 1988 says
that a benami transaction means a transaction, where
Page 13 of 23
Act when Sub-section-2 of Section-3 and Sub-section-3 of Section-4 of
the old Act was omitted ... 3. Prohibition of benami transactions.--(1) No person shall enter
into any benami transaction.
27[* * * * *].
8[(2)] Whoever enters into any benami transaction shall
under:
"3. Prohibition of benami transactions.--(1) No person shall enter
into any benami transaction.
(2) Whoever enters into any benami transaction shall ... with both.
(3) Whoever enters into any benami transaction on and after the date
of commencement of the Benami Transactions (Prohibition)
Amendment
contended by the learned
counsel appearing for the appellant, Section 3(2) of the
Benami Transactions (Prohibition) Act, 1988 would come into
play. While there ... Section
3(2) which provided that nothing in
Sub-section (1) which in turn stipulated no
person shall enter into any benami transaction,
shall apply
transaction
covered by Ext.A2 sale deed No.3053/2003 is a benami transaction, it
is useful to extract Sections 3 ... 3 and 4 read thus:
"3. Prohibition of benami transactions- (1) No person shall
enter into any benami transaction.
(2) Nothing in sub-section
defendants
3 and 4 in the Suit filed an application in I.A.No.504/2017 under
Order VII Rule 11 (d) and Section ... that the plea in the Plaint is directly hit by Section 3 of
Benami Transaction Prohibition Act, 1988. It is further stated that
they
