Punjab Land Reforms Act, Section 4(5) -- Land sold by landowner to different vendees in 1972 before coming into force of Reforms Act on 2.4.1973 but after appointed day 24.1.1971-Sale for consideration by registered sale deeds-Not benami transaction-Vendees bona fide purchasers-Land sold cannot be taken into consideration for determining surplus area of landowner...........
Deed -- Nominal, sham and benami documents - Distinction - In benami transaction title vests in transferee while in nominal and sham (transaction, title continues with transferor...........
U P Imposition of Ceiling on Land Holdings Act, 1960, Section 5 -- Appellant sold by registered sale deed land to his minor daughter represented by mother - The question is whether the sale deed is executed in good faith and for adequate consideration and is not a `Benami' transaction for the immediate or deferred benefit of the tenure-holder or other members of the..........
Benami transaction -- As per arrangement between plaintiff and defendant entire sale consideration advanced by defendant and sale deed registered in his favour - Understanding that defendant would reconvey the property on getting his money - Non intention of benami transaction - Transaction is not benami...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Neither the filing of a suit nor taking of a defence in respect of either the present or past benami transaction involving the purchase of property by a person in the name of his wife or unmarried daughter is prohibited under sub-sections (1) and (2) of S.4 of the..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and permanent injunction - Plea of benami transaction and adverse possession is mutually destructive and cannot be accepted...........
Benami Transactions (Prohibition) Act, 1988, Section 2(a), 4(2) -- Property transferred to `A' but consideration paid by `B' - No reference abut intention of parties made in sale deed - Such transaction becomes `Benami' - In such situation defence based on any right in respect of such property - Not permissible in view of S.4(2)...........
Benami transaction -- Burden of proof-burden of proving that a particular sale is Benami and the purchaser is not the real owner is on the person asserting so...........
Benami transaction -- Proof - No hard and fast rules can be laid down - Considerations weighing with the Court-analysed...........
Benami Transactions (Prohibition) Act, 1988 -- Benami - Transaction whether Benami or not - Question of fact...........
