J. B. PARDIWALA, R. MAHADEVAN
Manjula – Appellant
Versus
D. A. Srinivas – Respondent
JUDGMENT :
R. MAHADEVAN, J.
1. Leave granted. For ease of reference, this judgment is divided into the following heads:
| S. NO. |
| HEADS |
| I |
| RELIEF SOUGHT |
| II |
| FACTUAL MATRIX |
| III |
| CONTENTIONS OF THE PARTIES |
| IV |
| DISCUSSION AND ANALYSIS |
|
| A | LEGAL PRINCIPLES GOVERNING REJECTION OF PLAINT |
|
| B | ROLE OF THE COURT IN CONDUCTING SUITS AS CONTEMPLATED UNDER THE CPC |
|
| C | INTERPLAY BETWEEN ORDER VII RULE 11 AND ORDER XIV RULE 2 CPC |
|
| D | WHETHER SUIT IS BARRED BY LAW |
|
| D1 | THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 |
|
| D2 | THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016 |
|
| E | PROSPECTIVE OR RETROSPECTIVE OPERATION OF THE 2016 AMENDMENT |
|
| F | “FIDUCIARY CAPACTIY” UNDER THE AMENDED ACT |
|
| G | EXEMPTION UNDER THE ACT ON ACCOUNT OF FIDUCIARY RELATIONSHIP |
|
| H | BAR TO SUCCESSION TO THE ESTATE OF THE DECEASED |
|
| I | WHETEHR THE OBJECT OF THE CONTRACT IS LAWFUL |
|
| J | RELIEFS TO WHICH THE APPELLANTS ARE ENTITLED |
| V |
| FINDINGS |
| VI |
| CONCLUSION |
I. RELIEF SOUGHT
2. The instant Civil Appeal is directed against the Judgment and Final Order dated 22.02.202
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