https://www.taxtmi.com/caselaws?id=373982 The amended benami framework applied because the repeal and redefinition of exempted transactions did not extinguish any vested right under the earlier law; the change only clarified the scope of the statutory exceptions. The suit could still fall within the family-member exception on the pleaded facts, but that depended on disputed questions such as source of consideration and the nature of the transaction, which required evidence. The plaint therefore could not be rejected under Order VII Rule 11 CPC merely on a claimed benami bar, since the statutory exception was not conclusively excluded on the face of the pleadings. The rejection order was set aside and the suit restored. en-us Mon, 21 Jan 2019 00:00:00 +0530 Wed, 25 Dec 2019 18:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=373982 The amended benami framework applied because the repeal and redefinition of exempted transactions did not extinguish any vested right under the earlier law; the change only clarified the scope of the statutory exceptions. The suit could still fall within the family-member exception on the pleaded facts, but that depended on disputed questions such as source of consideration and the nature of the transaction, which required evidence. The plaint therefore could not be rejected under Order VII Rule 11 CPC merely on a claimed benami bar, since the statutory exception was not conclusively excluded on the face of the pleadings. The rejection order was set aside and the suit restored. Case-Laws Benami Property Mon, 21 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=373982