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(1) PUNJAB & HARYANA
Service Law, Benami Transaction

The petitioner, a former District Judge, was retired from service due to charges against him in a disciplinary inquiry—The inquiry involved the acquisition of several immovable properties, including residential plots, industrial sheds, and commercial properties—The acquisition of these properties suggests that they were not for personal use and that the purchases were not for personal requirements—The Haryana Government Employees (conduct) Rules, 1966 prohibit Govt—Employees from engaging in property transactions without the previous government's sanction—The petitioner also claimed that one property, Plot No.C1-2849, was inherited by his wife, Mrs. Punam Gupta, from her mother-in-law, Smt. Chameli Devi, without any valid or just reason—The petitioner argues that the property was purchased by him wi...

Petition dismissed
(2) SUPREME COURT
Benami Transaction, Ownership of Property

Benami Transactions (Prohibition) Act, 1988, Section 3—Benami Transaction—Ownership of Property— Finding by the High Court that the property though purchased from the funds of ‘J’ was really for the benefit of his widow ‘M’ and therefore Moni Debi was the real owner of the property upheld—Entries of the name of ‘M’ in Municipal and Land Revenue records; the fact that the brothers of ‘J’ were no longer alive (according to the plaintiff the property was purchased by ‘J’ in the name of his wife to protect the same from his brothers) are relevant facts that have been rightly taken into account by the High Court—Fact that the property was managed by ‘J’ which fact accords with the practice prevailing in a Hindu family where the husband normall...

Dismissed
(3) SUPREME COURT
Benami Transaction

Transfer of Property Act, 1882—Section 41—Underscores the burden of proof in benami transactions, emphasizing that the onus lies on the party alleging the transaction to be benami—Despite the inherent challenge in unraveling the intention behind such transactions, the burden remains on the claimant, discouraging reliance on conjectures or surmises as substitutes for concrete evidence—The judgment clarifies that determining whether a sale is benami is primarily a factual inquiry—While acknowledging the absence of universal formulas, the court provides six indicative circumstances for guidance—These include the source of purchase money, nature and possession of the property post-purchase, motives behind the benami appearance, parties' positions and relationships, custody of title deeds, and post-sale ...

Dismissed
(4) SUPREME COURT
Benami Transaction

Benami Transactions (Prohibition) Act, 1988—Section 3(2), Section 4(1)—Applies to transactions where a person purchases property in the name of their wife or unmarried daughter—The Court clarified that such transactions are exempted from the prohibition as per Section 3(2) of the Act—Therefore, neither filing a suit nor taking a defense in relation to such transactions is barred by Section 4—The Court held that while a person can enforce their rights arising from such transactions, they must prove that the property was not purchased for the benefit of the wife or unmarried daughter, as presumed under Section 3(2)—The Court allowed the appeal, setting aside the High Court's order, and remitted the suit for further proceedings. ...

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