Law: Benami Transactions (Prohibition) Act, 2017

Section: 43

Law: Civil Procedure Code (V of 1908)

Section: 9,11

(a) BenamiTransaction (Prohibition) Act (Vof 2017)--- ----S.43---Civil Procedure Code (V of 1908), S.9, O.VII, R.11---Suit for declaration---Respondents suit was rejected by Civil Court for want of jurisdiction---Appellate Court reversed and remanded the case---Validity---Any suit of civil nature was to be tried by the civil courts unless jurisdiction was expressly or impliedly barred---Curtailment/ouster of jurisdiction of civil Court was to be construed strictly---For applicability of Benami Transaction (Prohibition) Act, 2017 on a transaction, property must be held by a benamidar under clause (a), (b) of S. 2(8)(A) of the Act and not under exclusion envisaged thereunder---No proceedings had been initiated under Act, 2017 in respect of suit property---Two private persons admittedly related by kinship had dispute…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492