Benami notice under Section 24(1) held unsustainable; resulting proceedings were quashed.

A notice issued under Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 was held unsustainable because its legality was treated as covered by an earlier decision followed by the Court. On that basis, the parties jointly submitted that the notice could not be sustained and the proceedings founded on it could not continue. The Court accepted that position, set aside the notice and quashed the subsequent proceedings.

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Issues: Whether the notice issued under Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 and the proceedings arising therefrom were liable to be set aside and quashed.

Analysis: The legality of the impugned notice was stated to be covered by a prior decision followed by the Court. On that basis, the petition was disposed of by accepting the joint submission that the notice could not be sustained and that the proceedings based on it could not survive.

Conclusion: The impugned notice under Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 was set aside and the subsequent proceedings were quashed, in favour of the petitioner.

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