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july 2000

Supreme Court of India · 2000-07-25

Probodh Chandra Ghosh vs Urmila Dassi And Anr

Citation / case number
AIR 2000 SUPREME COURT 2534
Court
Supreme Court of India
Petitioner
Probodh Chandra Ghosh
Respondent
Urmila Dassi And Anr
Bench
A.P. Misra, Ruma Pal

Judgment text excerpt

The Supreme Court addressed the applicability of the Benami Transactions Prohibition Act, 1988 in execution proceedings under Section 144 CPC. The Court held that the terms 'action' and 'claim' in Section 4 of the Act encompass proceedings under Section 144 CPC, thus affirming the High Court's decision that the delivery of possession violated the Ordinance. Consequently, the Court upheld the High Court's order setting aside the writ for restoration of possession to the appellant.

Probodh Chandra Ghosh vs Urmila Dassi And Anr · Niyam