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    <title>1991 (2) TMI 25 - CALCUTTA High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=21872</link>
    <description>A proposed amendment setting up that the plaintiff&#039;s father was the real owner and the mother a benamidar was barred, because it would enforce a right in property held benami in a pending proceeding under section 4(1) of the Benami Transactions (Prohibition) Act, 1988, and the pleaded wife/minor daughter exception was not established. An amendment seeking a declaration that a gift deed was void, though brought after limitation had run, was allowed because the earlier amendment application had been filed within limitation and later withdrawn with liberty to renew it, so the fresh request was treated as a continuation of the earlier one. The plaint could be amended only to that extent.</description>
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    <pubDate>Tue, 26 Feb 1991 00:00:00 +0530</pubDate>
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      <title>1991 (2) TMI 25 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=21872</link>
      <description>A proposed amendment setting up that the plaintiff&#039;s father was the real owner and the mother a benamidar was barred, because it would enforce a right in property held benami in a pending proceeding under section 4(1) of the Benami Transactions (Prohibition) Act, 1988, and the pleaded wife/minor daughter exception was not established. An amendment seeking a declaration that a gift deed was void, though brought after limitation had run, was allowed because the earlier amendment application had been filed within limitation and later withdrawn with liberty to renew it, so the fresh request was treated as a continuation of the earlier one. The plaint could be amended only to that extent.</description>
      <category>Case-Laws</category>
      <law>Benami Property</law>
      <pubDate>Tue, 26 Feb 1991 00:00:00 +0530</pubDate>
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