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january 1995

Supreme Court of India · 1995-01-31

R.RAJAGOPAL REDDY vs PADMINI CHANDRASEKHARAN

Citation / case number
SC 1990/77042
Court
Supreme Court of India
Petitioner
R.RAJAGOPAL REDDY
Respondent
PADMINI CHANDRASEKHARAN
Author
MAJMUDAR S.B.
Bench
MAJMUDAR S.B.

Judgment text excerpt

The Supreme Court addressed whether Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 applies to pending suits or claims regarding property held benami prior to its enactment. The Court held that Section 4(1) prohibits any suit or claim by a person claiming to be the real owner against the person in whose name the property is held, thereby affirming the Division Bench's earlier ruling in Mithilesh Kumari v. Prem Behari Khare. The Court concluded that pending proceedings cannot be exempt from the provisions of Section 4(1) of the Act.

R.RAJAGOPAL REDDY vs PADMINI CHANDRASEKHARAN · Niyam