ANIL BHASIN Vs. VIJAY KUMAR BHASIN AND ORS.

JUDGEMENT

(1.) NO. 8243/2001

(2.) AN interesting question has arisen regarding the interplay of the provisions of the Sections 2(a), 3(a) and 4(a) of the Benami Transactions (Prohibition) Act, 1988 by which Sections 81 & 82 in Chapter IX of the Indian Trusts Act 1982, were deleted in the year 1988, while side by side with the enacting of the Benami Act.

(3.) THE objection of the defendant is that the averments sought to be included by amendment, are hit by the Benami Transactions (Prohibition) Act 1988, and as such cannot be allowed. Reliance is placed upon the decision of the Hon'ble Himachal High Court in the case reported as Dr. Om Prakash Rawal v. Mr. Justice Amrit Lal Bahri : AIR 1994 HP 27 wherein it has been inter alias held as under: -