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1 - 9 of 9 (0.27 seconds)Section 3 in The Benami Transactions (Prohibition) Act, 1988 [Entire Act]
The Benami Transactions (Prohibition) Act, 1988
Section 2 in The Benami Transactions (Prohibition) Act, 1988 [Entire Act]
Section 4 in The Benami Transactions (Prohibition) Act, 1988 [Entire Act]
Union Of India vs M/S. Ganpati Dealcom Pvt. Ltd. Tthrough ... on 23 August, 2022
"This batch of writ petitions assails proceedings initiated by the
respondents under the Prohibition of Benami Property Transactions
Act, 1988. They assail proceedings initiated under the said enactment for
attachment and confiscation of properties which were admittedly acquired
prior to the enforcement of the Benami Transactions (Prohibition)
Amendment Act, 2016. These petitions would be liable to be allowed in
light of the recent decision rendered by the Supreme Court in Union of
India & Anr. v. Ganpati Dealcom Pvt.Ltd., [2022 SCC OnLine SC
1064]
The issue of retrospective application of the provisions introduced
by virtue of the 2016 Amendment stood crystallised in paragraphs 47 and
48 of the report thus:-
Jaladi Prasuna & Ors vs Union Of India & Ors on 10 October, 2022
1. The instant writ petition assails proceedings initiated under the
Prohibition of Benami Property Transactions Act, 1988. The proceedings
pertain to assets and properties obtained prior to the amendments to the
aforesaid enactment which came to be introduced in 2016. The Court while
dealing with a similar challenge in Jaladi Prasuna & Ors. versus Union of
India & Ors.
Article 6 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
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