Bengal Ferries Act, 1885
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.
—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
A.H. Md. Ali Haider
Quoraishi Vs. Shaheen Quoraishi & Ors 16 BLT (AD)323
Elements of the
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.
Sananda Mohan Barua
& Ors. Vs. Niranjan Proshad Barua & Ors. 4BLT (HCD)-187.