SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2026 Supreme(SC) 513

J. B. PARDIWALA, R. MAHADEVAN
Manjula – Appellant
Versus
D. A. Srinivas – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Mahesh Thakur, AOR Mrs. Anuparna Bordoloi, Adv. Mr. Narveer Yadav, Adv. Mr. Dhanush M, Adv. Mr. Siddhartha Sati, Adv. Mr. Ajay Pal Singh, Adv. Ms. Ruchi Kumari, Adv. Mr. Akshay Kumar, Adv. Mr. Sai Tanishka K, Adv.
For the Respondent(s): Mr. Gagan Gupta, Sr. Adv. Mr. T.M. Shivakumar, Adv. Mr. Deepak Goel, AOR Ms. Sanjana, Adv.

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

                                                                                    Click Here to Read the rest of this document
                                                                                    1
                                                                                    2
                                                                                    3
                                                                                    4
                                                                                    5
                                                                                    6
                                                                                    7
                                                                                    8
                                                                                    9
                                                                                    10
                                                                                    11
                                                                                    SupremeToday Portrait Ad
                                                                                    supreme today icon
                                                                                    logo-black

                                                                                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                                                                    Please visit our Training & Support
                                                                                    Center or Contact Us for assistance

                                                                                    qr

                                                                                    Scan Me!

                                                                                    India’s Legal research and Law Firm App, Download now!

                                                                                    For Daily Legal Updates, Join us on :

                                                                                    whatsapp-icon telegram-icon
                                                                                    whatsapp-icon Back to top