Showing : 1-10 of 41 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Benami Transactions (Prohibition) Act, 1988, Section 4, 2(9)-- Judgment on admission - Partition suit - Plea of benami property - Property in question claimed to be purchased in the joint names of plaintiff and four defendants - Defendant on the other hand took plea that property in question was actually purchased equally by defendant No.1 and his brother,..........
DELHI HIGH COURT
Year of decision: 2017
Details
Benami Transactions (Prohibition) Act, 1988, Section 4-- Property belongs to father - Payment of monies by son for property owned by father - Does not lead to conclusion that son has become owner and not the father in whose name property stands because such plea of son is barred by the Act...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Benami Transactions (Prohibition) Act, 1988, Section 4-- Benami Property - Merely because property was acquired by father in the name of his son, that by itself would not make the father as owner of said property, particularly when there is no evidence on record that real owner was father - Moreover, in revenue record property stood in the name of son -..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Partition suit-- Plea of Benami Transaction - Defendant failed to prove that suit properties were purchased Benami - Admittedly, suit properties were purchased jointly in name of plaintiff and defendant No.1, who are brothers - Moreover, defendant No.1 failed to prove his source for mobilizing funds - Reason for..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Benami Transactions (Prohibition) Act, 1988, Section 4(1)-- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Benami Transactions (Prohibition) Act, 1988, Section 3, 4-- Benami transaction - Father-in-law purchased property in name of his wife and two daughters-in-law, which shows that he intended to ensure financial security of female members of his family - Property cannot be said to have been purchased for benefit of any other person, other than those in whose..........
KERALA HIGH COURT
Year of decision: 2016
Details
Benami Transactions (Prohibition) Act, 1988, Section 3(2)-- Benami Transaction - Property purchased in the name of wife or unmarried daughter - Carries a presumption that property purchased for their benefit - However, said presumption is rebuttable by those who contend that sale standing in the name of one person is in reality for benefit of other...........
DELHI HIGH COURT
Year of decision: 2016
Details
Benami Transactions (Prohibition) Act, 1988, Section 4-- Benami property - There cannot be any suit in respect of property held Benami against a person in whose name such property is held or any other person, if such proceeding is initiated by or on behalf of a person claiming to be real owner thereof, prior to the coming into force of S.4(1) of the..........
DELHI HIGH COURT
Year of decision: 2016
Details
Benami Transactions (Prohibition) Act, 1988, Section 3-- Benami property - Plain interpretation of S.3 of the Act is that benami transactions are barred - Exception to the same is, that property can be purchased in the name of wife or unmarried daughter - This exception has an attendant presumption that property had been purchased for wife's or..........
DELHI HIGH COURT
Year of decision: 2016
Details
Benami Transactions (Prohibition) Act, 1988, Section 3-- Benami property - Property purchased in the name of wife or unmarried daughter - There would be presumption that property is purchased for their benefit - However, if party asserts that purchase was not for the benefit of wife and unmarried daughter, he discharges the onus of proof and qualifies..........

Showing : 1-10 of 41 Results