Probodh Chandra Ghosh vs Urmila Dassi & Anr.

Whether the provisions of Benami Transactions (Prohibition) Act, 1988, particularly Section 4, apply to execution proceedings arising from an application under Section 144 CPC initiated by the transferee from the heiress of the real owner against the benamidar, and whether the terms 'action' and 'claim' in Section 4 include proceedings under Section 144 CPC --- Held: No, as the application under Section 144 CPC was filed prior to the Act coming into force, making it a pending claim not barred by Section 4, which is not retrospective.