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.