9911796707
TMI Blog2023 (7) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... The impugned judgment, however, does not deal with and answer the substantial questions of law, but relies upon Section 4 of the Benami Transactions (Prohibition) Act, 1988 a plea and contention which was never raised by the respondents, to dismiss the appeal. Our attention is drawn to the exceptions carved out to Section 4 of the 1988 Act. According to the appellants, the exceptions are appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Leave Petition (Civil) No. OF 2023) (@ Diary No. 335 of 2020) - - - Dated:- 25-1-2023 - HON'BLE MR. JUSTICE SANJIV KHANNA And HON'BLE MR. JUSTICE M.M. SUNDRESH For the Petitioner : Mr. S. Nagamuthu, Sr. Adv. Mr. M.P. Parthiban, AOR Mr. A.S.vairawan, Adv. Mr. R.Sudhakaran, Adv. Mr. Vikashrajkumar, Adv. Mr. D.Subrahmanya Bhanu, Adv. Mr. T.Hariharasudhan, Adv. Mr. K. Devendran, Adv. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ying upon Patta Ex.B4 for concluding that the property belonged to Rangaraj totally overlooking the fact that patta is not a document of title? The impugned judgment, however, does not deal with and answer the substantial questions of law, but relies upon Section 4 of the Benami Transactions (Prohibition) Act, 1988 ( 1988 Act ), a plea and contention which was never raised by the respondents, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal is allowed with an order of remand to the High Court to decide the second appeal no. 1719/2008 afresh, and expeditiously in accordance with law. We make it clear that the observations made in the impugned judgment, and this order of remit, would not be treated as observations and findings on the merits of the case of either side. All questions and issues are left open. The parties will appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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