Supreme Court · 1989 INSC 54 · Decided 14 February 1989
Mithilesh Kumari & ANR. v. Prem Behari Khare
- Court
- Supreme Court of India
- Citation
- 1989 INSC 54 · [1989] 1 S.C.R. 621
- Case number
- CIVIL APPEAL No. 2311/1978
- Decided
- 14 February 1989
- Bench
- G.L. OZA, K.N. SAIKIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136
Headnote
KUMAR! & ANR. v. PREM BEHAR! KHARE FEBRUARY 14, 1989 [G:L. OZA AND K.N. SAIKIA, JJ .. ] Benami Transactian· (Prohibition) Act, 1988: Sections 2(a),(c), 3(2) and 4-Prohibition of right to recover property held benami­ Whether applicable to an appeal pending on the date of with concurrent findings of fact. Statutory Construction: Retrospective operation-Presumption against-When .arises-Act declaratory in nature-Whether operates D from time antecedent to enactment-Qualifying or disqualifying statute-Whether retroaciive-Remedy barred by Act-Whether
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