OM PRAKASH AND ANR. versus JAI PRAKASH

OM PRAKASH AND ANR. versus JAI PRAKASH

Section 4 of the Benami Transaction (Prohibition) Act, 1988 totally bars suits and appeals based on benami transactions; a special leave petition pending before the Supreme Court amounts to an appeal pending for purposes of applying Section 4; no decree can be passed in such suits or appeals after the Act comes into force.

Parties
Defendant Appellant No. 1: Om Prakash; Defendant Appellant No. 2: Smt. Satyawati; Plaintiff Respondent: Jai Prakash
Jurisdiction
India
Judgment Date
09 January 1992
Procedural Posture
Civil Appeal / Appeal Before Supreme Court After Grant of Special Leave
Outcome
appeal allowed
Legal Topics
Benami Transactions, Appellate Procedure, Retrospective Legislation, Bar of Suit During Consolidation Proceedings
Property Law Civil Procedure Constitutional Law Benami Transactions Appellate Procedure Retrospective Legislation Bar of Suit During Consolidation Proceedings

Case Brief

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Parties

Om Prakash

Defendant Appellant No. 1

Smt. Satyawati

Defendant Appellant No. 2

Jai Prakash

Plaintiff Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court After Grant of Special Leave

Legal Issues

  1. 1 Whether a suit based on benami transaction instituted prior to the Benami Transaction (Prohibition) Act, 1988 is barred.
  2. 2 Whether a special leave petition pending before the Supreme Court amounts to an appeal pending for the purpose of Section 4 of the Benami Act.
  3. 3 Whether a plea under Section 49 of the U.P. Consolidation of Holdings Act can be raised in appeal if not pleaded.

Ratio Decidendi

Section 4 of the Benami Transaction (Prohibition) Act, 1988 totally bars suits and appeals based on benami transactions; a special leave petition pending before the Supreme Court amounts to an appeal pending for purposes of applying Section 4; no decree can be passed in such suits or appeals after the Act comes into force.

Court Disposition

appeal allowed

Orders

  • judgment and decree of the High Court set aside
  • suit dismissed