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 names it was..........
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...........
Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami Transaction - Presumption - Source of income to meet the sale consideration is irrelevant in the context of presumption flowing u/s 3(2) of Act...........
Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami Transaction - S.3(2) of Act applies to past transactions, which takes within its fold the presumption it carries which can be rebutted only by tangible evidence...........
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 for relief he seeks,..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by husband pales into insignificance as..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Plea of benami as a defence is permissible...........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami transaction - Purchase of property in the name of wife not totally prohibited under the provisions of 1988 act - Plea of benami is available to claim right or defence - Burden of proof on person claiming such right, to prove that purchase in the name of wife or daughter is not intended to confer any benefit..........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami transaction - Tests to determine if transaction is benami transaction (i) Source from where the purchase money came; (ii) Motive, why the property was purchased - To determine whether sale standing in the name of one person, is in reality for the benefit of another - Intention of parties, essence of benami..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of witnesses - Eviction suit - Presence of witness is necessary to prove the fact that defendant had sublet the premises - Petitioner is claiming mesne profit and, therefore, in order to prove the prevalent market rate of properties in locality, summons to other witness/Branch Manager is also necessary - Rejection..........
