TMI Blog2024 (3) TMI 1002X X X X Extracts X X X X X X X X Extracts X X X X ..... attachment order - scope of Amendment Act of 2016 - Constitutional validity - Amendment to Prohibition of Benami Property Transactions Act, 1988 as amended by the Benami Transactions (Prohibition) Amendment Act, 2016 - retrospective or prospective effect - Attachment of property As decided by HC [ 2022 (5) TMI 262 - TELANGANA HIGH COURT] Section 2 (9) (A) and Section 2 (9) (C) can only have effec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8) TMI 1047 - SUPREME COURT] wherein held Section 3(2) of the unamended 1988 Act is declared as unconstitutional for being manifestly arbitrary. Accordingly, Section 3(2) of the 2016 Act is also unconstitutional as it is violative of Article 20(1) of the Constitution. In rem forfeiture provision under Section 5 of the unamended Act of 1988, prior to the 2016 Amendment Act, was unconstitutional for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay Mahapatra, Adv. ORDER UPON hearing the counsel the Court made the following. Delay of 624 days in filing this special leave petition is condoned. The issues raised in this petition are squarely covered by a judgment dated 23.08.2022 rendered by a three-Judge Bench of this Court in C.A. No.5783/2022 titled Union of India Anr. Vs. Ganpati Dealcom Pvt. Ltd. [(2023) 3 SCC 315]. Hence, the special l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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