Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Benami Transactions (Prohibition) Act 1988-Sections 4(1) and 4(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Benami Transactions (Prohibition) Act, 1988-Sections 4(1) and 4(2)-Effect of Section 4( 1) on pending proceedings-Claim to property on account of it being held benami-Proceedings not finally disposed of when sec. 4(1) came into operation-Whether Section 4(1) can be applied to such proceedings--Held, No.Various suits were filed years back before coming into operation of Section 4(1) of the Benami Transactions (Prohibition) Act, 1988, to enforce right in property held benami against person in whose name such property was held or any other person by or on behalf of persons claiming to be real owner thereof. These proceedings were pending either at the first appeal stage or Second Appeal stage or in revision before the High Court or in civil appeals before this court when Section 4(1) came into operation. The question raised was whether Section 4(1) of the Act could be applied to such pending proceedings. The Division Bench of this Court in Mithilesh Kumari v. Prem Behari Khare, [1989] 1 SCR 621, had taken an affirmative view. The correctness of that view came up for consideration before another Bench of this court. Ultimately the matters were placed for final hearing before a three Judge Bench.The appellants submitted that litigations were already filed by the parties prior to the coming into force of the Act arid the relevant provisions thereof and therefore, they had to be governed by the then existing law which held the field at the time of initiation of these proceedings; that there is nothing in the Act to indicate that any of the provisions of the Act including Section 4(1) had any retrospective effect; that even the Division Bench of this Court in Mithilesh Kumari's case had taken the view that Section 3(1) of the Act is prospective in operation; that it would be inconsistent to hold that though the Act is not retrospective it would apply to all pending proceedings at whatever stage they might be and such proceedings would incur dismissal u/s 4(1); that there was a substantive right in the plaintiff under the existing laws under which consistently such benami transactions were recognized and could be enforced by courts of law and that this substantive right was sought to be taken away by Section 4(1) and unless there was anything to suggest that it is retrospective in operation, it could not be treated to be retrospective. The respondents/defendants submitted that even though the Act may be perspective, at least to the extent it is roping in all past transactions of benami purchases of properties and when rights arising therefrom are sought to be put to an end by Section 4(1) which covers any or every property held benami, there was no reason why that Section could not apply to such proceedings at any stage till they got finally decided by the highest court and that if there is any change in law by which any pending litigation becomes incompetent, such change in law can be applied to such pending proceedings at whatever stage they might be pending before higher Courts. |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 1995 INSC 85 |
Petitioner | R. Rajagopal Reddy (dead) By Lrs. And Ors. |
Respondent | Padmini Chandrasekharan (dead) By Lrs. |
SCR | [1995] 1 S.C.R. 715 |
Judgement Date | 1995-01-31 |
Case Number | 5653 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |