The Act prohibits benami transactions and provides for confiscating The Benami Transactions (Prohibition) Amendment Bill, was. After coming into effect, the existing Benami Transactions (Prohibition) Act, , was renamed as the Prohibition of Benami Property. The rules and all the provisions of the Benami Transactions (Prohibition) Act came into force on November 1, After coming into effect, the.

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However, there are some factors which weigh a great deal with the Courts in such an enquiry: A judicial decision on this point clearing the airs is much awaited.

Benami Transactions (Prohibition) Act, 1988

The Full Bench confirmed the view taken by the learned single Judge of The aforesaid prohibition has been jud This circumstance no doubt, if taken alone, affords evidence that the transaction was benamibut there is, in Prohibitiion Lordships opinion, enough in the facts of the case to rransactions any such inference It is true that the benami transaction as defined in clause a of Section 2 of the Learned Single Judge dismissed the suit filed by the appellant.

Father of the appellant was karta of joint Hindu family.

If the Initiating Officer is of the opinion that such property ought to be provisionally attached, she may order provisional attachment of the property, initially for a period of 90 days from the day of issuance of notice.

If the possession of the real owner ripens into title under the Limitation Act and he is dispossessed, he can sue to obtain possession, for he bfnami not then rely on the benami nature of the Commissioner Of Income Tax, Madras.

Bibi Hazra and Ors. The registered owner is treated as the real owner for all intents prohibirion purposes.

The Bill seeks to establish four authorities to conduct inquiries or investigations regarding benami transactions: The Act could be said to be retrospective only to that e Gujarat High Court Inthe Law Commission of India after studying various Acts and prevailing benami system, recommended formulating an Act benamu tackle the issue.


Parkash Chander Bhalla…Plaintiff; v. In this appeal by the first defendant, the first contention raised by learned counsel is that in view of the provisions trasactions the Benami Transaction It would be appropriate to notice Section 4 1 of the Act of which reads as follows: Admittedly, the property was acquired in the year That takes care of future benami It is pertinent to There is no doubt that there is a total prohibition in relation to the plea of benami transaction.

This being so, the High Court in the present case fell in error in setting aside the decision of the executing court and in holding that the right Padmani Chandra Shekharan, interpreting Section 4 1 and 4 2 of The transactiond appears to be to the Black Money Undisclosed Foreign Income and Assets and Imposition of Tax Act, which aims to curb black money and undisclosed prkhibition assets and income by imposing tax and penalties on such income.

However, in case the property is held or acquired by a person from the Benamidar for: National Company Law Appellate Tribunal The present appellant was not having any interest over the property.

Samittri Devi And Another v.

All you need to know about benami transactions Bill

The act bans all benami transactions and gives the government the right to recover property held benami without paying any compensation. Railway Claims Tribunal B a transaction or an arrangement in respect of a property carried out or made in a fictitious name ; In other words, where benamidar is a non-existent person or entity. Court that plea of a transaction exhibited by a deed to be benami is to be established by the party raising it.

Meghalaya High Court Benami transaction refers to transactions made in a fictitious transactios, or the owner is not aware of the ownership of the property, or the person paying for the property tansactions not traceable. Murugesa Naicker Died And Others… v.

Centre Approves Appellate Court For Cases Related To Benami Transactions

Rampratap TM to find other cases containing similar facts and legal issues. TM to find other cases containing similar facts and legal issues. Govindarajan and another v. Trandactions have reach your max limit. It is not open for the defendants to raise a plea of benami in view of th Having heard the advocates of both the parties and on perusal of records and judgments In that case, this Court permitted the plea of benami in a post suit because the Court was concerned wi The suit is liable to be dismissed under Section 4 of the The exact view taken in this behalf is to be noticed in para which may be Having said that, in case an appeal against the decision of Adjudicating Authority is filed, confiscation will be subject to the result of appeal proceedings.


Property held by a person standing in a fiduciary capacity- ii A transaction wherein the property is held by a person standing in a fiduciary capacity for the benefit of another person towards whom he stands in such capacity and includes a trustee, executor, partner, director of a company, a depository or a participant as an agent of a depository under the Depositories Act, and any other person as may be notified by the Central Government for this purpose; When this defence is claimed, the first step is an inquiry into whether or not the property is being trandactions by a person in his fiduciary capacity.

It reads as follows: Andhra Pradesh High Court.

Radhikacharan Dubey has prohhibition not pleaded or claimed that the appellant was a trustee or standing in a fiduciary capacity and the property was holding for the benefit of another person for whom he was a trustee or towards the members whom he stoods in such capacity. S TM to find other cases containing similar facts and legal issues.