Supreme Court of India · 2000-07-25
PROBODH CHANDRA GHOSH vs URMILA DASSI
- Citation / case number
- SC 1989/69318
- Court
- Supreme Court of India
- Petitioner
- PROBODH CHANDRA GHOSH
- Respondent
- URMILA DASSI
- Bench
- A.P. MISRA & MS. 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 do encompass proceedings under Section 144 CPC, thereby affirming the High Court's decision that the delivery of possession to the appellant violated the provisions of the Act. Consequently, the appeal was dismissed, upholding the High Court's order that set aside the writ for restoration of possession.