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On Friday, a seat of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the constitutionality of the provisions was ne'er an contented successful the archetypal proceedings. (File photo)
The Supreme Court connected Friday recalled its August 23, 2022, bid which declared Section 3(2) of the Benami Transactions (Prohibition) Act, 1988, arsenic unconstitutional.
The Supreme Court was proceeding a reappraisal plea filed by the Centre challenging the August 2022 bid which was delivered by a seat of past Chief Justice of India N V Ramana and Justices Krishna Murari and Hima Kohli.
On Friday, a seat of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the constitutionality of the provisions was ne'er an contented successful the archetypal proceedings.
“It is undisputed that determination was nary situation to the constitutional validity of the provisions of the unamended Act. This is wide from the formulation of the question. In this presumption of the matter, the reappraisal has to beryllium allowed. It is trite instrumentality that the situation to the validity of a statutory proviso cannot beryllium adjudicated upon successful the lack of a unrecorded lis oregon a contest. The contented of law validity was not sufficiently addressed,” the seat said successful its order.
The archetypal judgement held arsenic unconstitutional a proviso of the Benami Transactions (Prohibition) Act, 1988, that prescribed a jailhouse word for entering into benami transactions. The bid besides held that the Act which was amended successful 2016 tin lone beryllium applied prospectively and quashed each prosecutions oregon confiscation proceedings earlier the amended enactment came into force.
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