https://www.taxtmi.com/caselaws?id=411242 A plaint cannot be rejected under Order 7 Rule 11 merely by invoking Section 94 of the Motor Vehicles Act or Section 4 of the Benami Transactions (Prohibition) Act, 1988 where the relief against transport authorities has already been abandoned and only a dispute between private parties remains. The benami plea required examination of pleadings and surrounding facts, including the source of purchase, relationship between the parties and the nature of the transactions, so it was a mixed question of fact and law and not a pure legal bar that could be decided at the threshold. On that basis, the plaint was not liable to rejection on either ground. en-us Mon, 28 Jun 2021 00:00:00 +0530 Fri, 20 Aug 2021 08:08:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=411242 A plaint cannot be rejected under Order 7 Rule 11 merely by invoking Section 94 of the Motor Vehicles Act or Section 4 of the Benami Transactions (Prohibition) Act, 1988 where the relief against transport authorities has already been abandoned and only a dispute between private parties remains. The benami plea required examination of pleadings and surrounding facts, including the source of purchase, relationship between the parties and the nature of the transactions, so it was a mixed question of fact and law and not a pure legal bar that could be decided at the threshold. On that basis, the plaint was not liable to rejection on either ground. Case-Laws Benami Property Mon, 28 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=411242