Supreme Court of India
Mangathai Ammal (died) through Lrs and v. Rajeswari & Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
Held as under : 633 “9.2 In Binapani Paul case (Supra), this Court again had an occasion to consider the nature of benami transactions.
Judgment, page 14
From the headnote
Benami transactions: Transactions, whether benami or not – Determination of – Held: Payment of part sale consideratio n cannot be the sole criteria to hold the sale/transaction as benami – Intention of the person who contributed the purchase money is determinati ve of the nature of transaction – Intention has to be d ecided on the basis of the surrounding circumstances; relationship of the parties; motives governing their action in bringing about th e transaction and their subsequent conduct – On facts, courts bel ow erred in decreeing the suit for partition of the properties by original
Authorities it was built on
- 1973 Jaydayal Poddar (deceased) through His Lrs and Another v. Mst. Bibi Hazra and Ors.
- 2004 Valliammal (d) by Lrs. v. Subramaniam and Ors.
- 2007 Binapani Paul v. Pratima Ghosh and Ors.
- 2015 Om Prakash Sharma@o.p. Joshi v. Rajendra Prasad Shewda & Ors.
- 2019 Smt. P. Leelavathi (d) by Lrs v. V. Shankarnarayana Rao (d) by Lrs
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