Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Validity - Property purchased in the name of minor sons through their father - Source of fund for purchase money was minors themselves and same was not purchased by any one else - Property held not purchased as Benami in the name of minors by their father...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiffs filed suit on basis of intestate succession from their father in whose favour there is a registered document of transfer by grand mother - Defendant's contention that his mother was only defendant's benamidar and he alone paid consideration for purchase - Held, issue..........
Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami transaction - Property purchased in the name of wife or unmarried daughter - Held, there would be a presumption that it is for their benefit - But that presumption can be rebutted by person who is claiming to be real owner of property by adducing evidence or other materials before Court...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Wife had at no point of time any independent source of income to purchase any property or to give any financial assistance to husband - Husband had proved that building was constructed exclusively by using his funds and that item No.2 property was purchased by wife with funds of husband as a..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Application for - Counsel for respondents No.1 and 2/plaintiffs could not refer to any other ground to challenge sale deed except the ground of being Benami transaction - Held, no mixed question of law and fact is required to be adjudicated to decide application of defendant No.2 filed U.O.7.R.11(d)..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Mother purchasing house in dispute in the name of her son as a benamidar - Defendant cannot derive any benefit as plea of benami transaction is now hit by S.4(1) of the Act...........
Benami Transaction (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Right to recover property held benami - Prohibition of - Suit property purchased by appellant prior to commencement of Act of 1988 - Applicability of Act of 1988 to such property - Held, no claim can be made to enforce any right in respect of any property held by benami against person in whose..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3), Trusts Act, 1882, Section 88 -- Purchase of property by father in name of minor child from funds of minor child - Father acts in a fiduciary capacity vis-a-vis child - Suit not barred by S.4 of Benami Transaction Act...........
Transfer of Property Act, 1882, Section 45, Benami Transactions (Prohibition) Act, 1988, Section 3, 4, 4(2), 4(3) -- Benami transaction - Property jointly owned by plaintiff and defendant and portion of their respective shares yet to be determined - Defendant contended that entire funding was done by him for acquiring property and plaintiff was only a benami partner and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - A new ground that suit is barred by provision of Benami Transaction Act sought to be introduced - Due diligence not shown in taking such plea in written statement - But sometime Court should not be bound by the principles of technicality and should do substantial justice - Amendment sought will..........
