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Shaifali Gupta (Smt.) vs. Smt. Vidya Devi Gupta & Ors. (SC)

52.00 5.20

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Benami Transactions (Prohibition) Act, 1988–Sec. 4–Code of Civil Procedure, 1908–Order 7, Rule 11–Allegation in the plaint that the suit properties are Joint Hindu Family properties and that these have been purchased either from the nucleus of the joint family property or the income derived from the joint family business–The properties are not described as benami in the name of any member of family–From the plaint reading, it cannot be said that the suit was barred in view of provisions of Sec. 4 of the Act.