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Direct Taxes - Highlights / Catch Notes

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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.

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