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Transaction-(Prohibition) Act, 1988: Sections
2(a), (c), 3(2) and 4--Prohibition of right to recover
property held benami ... Benami Transactions (Prohibition) Act, 1988 (Act No. 45 of
1988), hereinafter referred to as 'the Act', received the
asset
Supreme Court of India
owner in spite of the provisions of the Benami
Transactions (Prohibition) Act ?
3. Whether on the facts ... raised a contention
that in view of the Benami Transactions (Prohibition) Act, 1988 capital
gains relating to those plots standing
Income Tax Appellate Tribunal - Madras
transaction is sham and nominal cannot
be taken since such a transaction is hit by the Benami Transactions
(Prohibition ... Benami Transactions (Prohibition) Act, 1988
itself it could be seen that what is prohibited under the Act is benami
transactions
Madras High Court
prohibition contained in Section 4 of the Benami Transactions
(Prohibition) Act, 1988.
Thirdly, it is contended that even ... mischief of Section 4 of the Benami Transactions (Prohibition)
Act, 1988. the materials on record are sufficient to warrant
Calcutta High Court
Section 372 of tbe Act and also the Benami Transactions
(Prohibition) Act. Therefore, in view of the violations ... other appellants, thus attracting the provisions of the Benami
Transactions (Prohibition) Act. The take over is against the public
Company Law Board
such capacity.
23. Section 2(a) of the Benami Transaction
(Prohibition) Act defines benami transaction as
RFA 301/2008 Page ... word "provided" in Section
2(a) of Benami Transaction (Prohibition) Act
cannot be understood in a different sense. Any
other
Delhi High Court
made final. But in the meantime the Benami, Transactions
(Prohibition) Act, 1988 came into force. Both the plaintiff and
defendant ... transaction defined as a "benami transaction" in
clause (a) of Section 2 of the Benami Transactions (Prohibition) Act].
The other
Calcutta High Court
setting up a benami transaction which is hit by Section 4(1)
of Benami Transactions (Prohibitions ... acted as
an agent. The question of benami,
therefore, does not arise, though Section
4 of the Benami Transactions
(Prohibition
Delhi High Court
barred; the provision of Section 4 of
the Benami Transactions (Prohibition) Act, 1988 is attracted; the
sale deed dated ... maintainable in view of the provisions of Benami Transaction (Prohibition) Act,
1988 or that whether the Act is prospective
Delhi High Court
trial court taking note of
passing of the Benami Transactions (Prohibition) Act, 1988 and
following the judgment of the Supreme ... another person. Section 3 of the
Benami Transactions (Prohibition) Act prohibits benami transactions.
Section 4 of the Benami Transactions (Prohibition
Madras High Court
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