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july 1995

Supreme Court of India · 1995-07-02

NAND KISHORE MEHRA vs SUSHILA MEHRA

Citation / case number
SC 1994/8163
Court
Supreme Court of India
Petitioner
NAND KISHORE MEHRA
Respondent
SUSHILA MEHRA
Author
VENKATACHALA N.
Bench
VENKATACHALA N.

Judgment text excerpt

The Supreme Court addressed the applicability of Section 4 of the Benami Transactions (Prohibition) Act, 1988, determining that the prohibition on filing suits or defenses regarding benami transactions applies only to transactions occurring after the Act's enforcement. The Court clarified that suits or defenses related to benami transactions pending at the time of the Act's enforcement are not barred. The ruling emphasized that properties held benami by a wife for her husband or by an unmarried daughter for her father do not fall under the exceptions outlined in Section 4(3) of the Act, thus prohibiting legal actions regarding such properties.

NAND KISHORE MEHRA vs SUSHILA MEHRA · Niyam