Ferry ghat—The High Court Division held that as ferry ghat includes nowka ghat the Government lawfully leased out the same— Held : As the boats which anchor as the nowka ghat are only transports for carrying both passengers and cargo from this nowka ghat to a different destination for loading and unloading it acts as ferry and for merely describing the ghat as nowka ghat it cannot be said that ferry ghat does not include nowka ghat”.
Md. Nasir Uddin Vs. Govt. of Bangladesh & Ors. 7 BLT (AD)-302.
Ingredients —The essential ingredients of a benami transaction are as to who has paid the consideration money, who is in possession of the suit property, who has the custody of title deeds and also how the property is dealt with in the sense who enjoys the property and collects the rent. The onus of proof of these ingredients lies upon him who claims certain transaction as benami. In other words, the motive of benami transaction as well as the conduct of the parties including their dealings and enjoyment of the property also become factors for consideration.
A.H. Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi & Ors 16 BLT (AD)323
Elements of the Benami Transaction
The 4 elements—In a case where the plaintiff claims title in the benami of the defendant the sale certificate is the most vital and material document and the sale certificate of the instant case along with the writ of delivery of possession were produced by the plaintiff from his own custody— Although the source of purchase money is an Important criteria but is not conclusive where
there are other circumstances show ing that the purchaser intended, property to belong to the person in whose favour the sale deed is executed— though both the courts below did not elaborately discussed about the 4 elements on the benami trans action but nevertheless it appears that in fact both the courts below took, into consideration the elements—both the, courts below have rightly arrived at a concurrent finding that the defendant No. I was benamder of the Plaintiff No. 1.
Sananda Mohan Barua & Ors. Vs. Niranjan Proshad Barua & Ors. 4BLT (HCD)-187.