
Case Law Analysis
|Allahabad High Court
Section 4 Benami Act | Retrospective Bar on Real Owner's Defense in Post-1988 Suits : Allahabad HC
Allahabad High Court rules that Section 4 of the Benami Transactions Act, 1988, operates retrospectively, barring the real owner from claiming defense in suits filed after 1988, even if the transaction predates the law. The judgment upholds concurrent findings on ownership and licensee status, reinforcing the prohibition on benami defenses in post-enactment disputes.