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Benami Transaction-(Prohibition) Act, 1988: Sections
2(a), (c), 3(2) and 4--Prohibition of right to recover
property held ... benami-Whether applicable to an appeal pending
on the date of commencement of Act--Delay in disposal of
appeal--Whether
Supreme Court of India
entered in
the names of dummy firms and Companies-Benami, Meaning of-
Finding of the status of such firms ... question of benami is purely a question of fact and not
a mixed question of law and fact
Supreme Court of India
following effect "whether
Section 4(1) of the Benami Transactions (Prohibition) Act,
1988 (hereinafter referred to 'Act') can be applied ... action to enforce any right in property held benami
against person in whose name such property is held
Supreme Court of India
SC1362 (35)
R 1980 SC 727 (17)
ACT:
Benami Transaction-Burden of proving that a particular
transaction is benami lies ... discharged by definite proof-Essence of
benami is the intention of parties-Circumstances to be taken
into consideration for determining
Supreme Court of India
CITATOR INFO :
RF 1981 SC 102 (33)
ACT:
Benami-What is-Tests for deciding benami transactions.
HEADNOTE:
Plaintiff ... under which the patta was
obtained was not a benami transaction. The house was
acquired by the deceased brother with
Supreme Court of India
Commission Report Benami Transactions ©
MII; %%%
LAW COMMISSION OF INDIA
FIFTYSEV ENTH REPORT
ON
BENAMI TRANSACTIONS
August 1973
GOVFRNMFNT ... stated :—
"The problem of property held benami has been causing con-
cern to the taxing authorities for some time
Law Commission Report
CITATION:
1965 AIR 1364 1965 SCR (1) 861
ACT:
Benami transaction-Income-tax evaded-True owner-Right to
recover possession ... plaintiff having adopted the device of
purchasing the property benami in the name of the defendant,
for the purpose, even
Supreme Court of India
CITATOR INFO :
RF 1978 SC1362 (31)
ACT:
Benami transaction--Proof of benami nature.
Evidence ... onus of establishing. g that a
transaction is benami is on the plaintiff, where it is not
possible to obtain
Supreme Court of India
statement be contended, inter alia, that appellant is only
benami to his father Pyarelal in Ext.P.11-sale deed ... forbidden under Section 3 of the Benami Transaction
(Prohibition) Act, 1988, (for short the "the Benami
Supreme Court of India
joint name of the plaintiff was only a
Benami transaction. After finding that the entire sale
consideration was advanced ... rebut the
presumption that the sale deed was obtained benami by Shri
Battu Mal'. The Lower Appellate Court has also
Supreme Court of India
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