Suit Claiming Fiduciary Relationship Exception Under Benami Act Cannot be Summarily Dismissed Without Trial: Delhi High Court

The Delhi High Court has set aside a Single Judge’s order that summarily dismissed a property suit as barred by the Benami Transactions (Prohibition) Act, 1988. The Division Bench held that whether a transaction falls within the fiduciary relationship exception under Section 4(3)(b) of the Act is a mixed question of law and fact that

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