Benami transaction - Whether the plaintiff is a fictitious ...

Benami Transaction: Is Plaintiff Fictitious? Examining Section 2(a) and Section 23 of Indian Contract Act on Enforceability.

May 5, 2020

Case Laws Direct Taxes HC

Benami transaction - Whether the plaintiff is a fictitious person? - If an agreement to sale suffers from the vice of benami transaction within the meaning of section 2(a) of the Act, the same falls in the category of contracts forbidden by law as contemplated under section 23 of the Indian Contract Act, the object whereof is unlawful. Hence, inexecutable in an action for specific performance.

View Source

← Previous Next →

Benami transaction - Whether the plaintiff is a fictitious ...

Benami Transaction: Is Plaintiff Fictitious? Examining Section 2(a) and Section 23 of Indian Contract Act on Enforceability.

May 5, 2020

Case Laws Direct Taxes HC

You may also like:

Benami transaction - Co-owner of the property or not - there is no written documents, in support of the plaintiff's plea that there was a partnership arrangement between...

Benami transaction - Validity of summons issued u/s 19 and the provisional order of attachment - The court found no ex facie erroneous assumption of jurisdiction by the...

Benami transactions - The existence of the “benami” transaction has to be proved by the authorities i.e. the person who alleges the transaction - The transaction where...

Benami Property Transaction - title over the suit properties - Moreover purchase of a property by husband in the name of the wife cannot be called a benami transaction...

Benami transaction - The authority has purely gone on the premise that cash is transferred from one person to another, with an object to defeat demonetization. This is...

Benami transaction - Prohibition - where it has been asserted that the suit premises was purchased in the name of the respondent No.1, but from the exclusive...

The plaintiff sought a mandatory injunction for possession of the suit property and a permanent injunction restraining the defendants from dispossessing or interfering...

Benami transaction - commercial complex as been leased out to the company by the JDA - The entire fulcrum of this case, therefore, rests on misinterpretation of the...

Benami transactions - offence under Benami Act - onus of proving a benami transaction - after amendment, the onus of proving a benami transaction rests entirely on the...

The case pertains to a provisional attachment order issued u/s 24(4) of the Prohibition of Benami Property Transactions Act, 1988, involving a benami transaction. The...

Applicability of the Benami Transactions (Prohibition) Amendment Act, 2016

Prohibition of Benami Property Transaction - funds infused into the shell companies by multiple layering in the guise of share capital or loan - as contended on the side...

Prohibition of Benami Property Transactions (1st Amendment), Rules, 2019

Prohibition of Benami Property Transactions (Conditions of services of Members of Adjudicating Authority) Rules, 2019

Prohibition of Benami Property Transactions (Removal of Difficulties) Second Order, 2018

Quick Updates: