Law: National Accountability Ordinance, 1999

Section: 9(a)(v)

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(v)---Benami transaction---Dispute of ownership---Prerequisites---For a benami transaction there are certain requirements especially when dispute is between real owner and benamidar---If dispute is between third party on one hand and real owner and benamidar on other hand, then its consideration would lose its importance---Conduct of parties and surrounding circumstances in such a situation, are to be kept in view---To determine whether a transaction was a benami one or not, source of consideration money and possession of title documents are essential elements to determine nature of transaction---Where dispute arose between benamidar and real owner or in case of third party some traits for benami transaction are; (i) source of consideration; (ii) from whose custody original title deed of property is produced and who possesses prior deed by which vendors proved their own title; (iii) who is in possession of property and; (iv) motive for benami transaction---Benami being neither a law nor rule, extreme caution is to be observed when a genuine transaction is to be made in good faith---Said facts are to be taken into consideration to arrive at a just and fair conclusion whether transaction is benami or not. Iqbal Ahmed Turabi v. The State PLD 2004 SC 830 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 265-K---Words 'at any stage'---Connotation---Use of expression 'at any stage' of the case is indicative enough of intention that any stage could be very initial stage, after taking cognizance or it could be a middle stage after recording some statements or even it could be later stage as well---Provisions of S.265-K, Cr.P.C. were to be used with great care and caution. (c) National Accountability Ordinance (XVIII of 1999)--- ----S. 9(a)(v) & (b)---Criminal Procedure Code (V of 1898), S. 265-K---Acquittal at any stage---Summoning of material witnesses---Possession of property---Accused was facing trial as benamidar of principal accused and filed application for acquittal but Trial Court set aside the same---Plea raised by authorities was that allowing application under S. 265-K, Cr.P.C.…

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