https://www.taxtmi.com/caselaws?id=365268 A plaint alleging that property standing in a spouse's name was purchased from known sources and falls within the statutory exception to benami prohibition cannot be rejected under Order VII Rule 11 at the threshold. The court held that the trial court erred by applying repealed or inapplicable provisions of the Benami Transactions (Prohibition) Act, while ignoring the amended exception under Section 2(9)(A)(b), Exception (iii). Whether the pleaded facts actually satisfy that exception is a factual issue requiring evidence, and the order rejecting the plaint was unsustainable. en-us Tue, 07 Aug 2018 00:00:00 +0530 Wed, 25 Dec 2019 18:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=365268 A plaint alleging that property standing in a spouse's name was purchased from known sources and falls within the statutory exception to benami prohibition cannot be rejected under Order VII Rule 11 at the threshold. The court held that the trial court erred by applying repealed or inapplicable provisions of the Benami Transactions (Prohibition) Act, while ignoring the amended exception under Section 2(9)(A)(b), Exception (iii). Whether the pleaded facts actually satisfy that exception is a factual issue requiring evidence, and the order rejecting the plaint was unsustainable. Case-Laws Benami Property Tue, 07 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=365268