2022 (9) TMI 524

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....CATION NO. 6832 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6833 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 7705 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 7473 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 7475 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 7927 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 17644 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16427 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16601 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 17649 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 17653 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 17648 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 17652 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 17654 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 17658 of 2021 With R/SPECIAL CI....

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....f Benami Transactions (Prohibition) Amendment Act, 2016 being prospective and consequently the notices issued to the petitioner and quashing of the orders passed pursuant to the same. 4. Having heard the learned advocates appearing for the parties, we are of the considered view that aforesaid issue is no more res integra in view of the judgment of the Hon'ble Apex Court rendered in Civil Appeal No.5783 of 2022 dated 23.8.2022 whereunder Hon'ble Apex Court after considering the contentions raised thereunder as well as relevant provisions of the Act pressed into service, has arrived at the following conclusion: "18.1 In view of the above discussion, we hold as under: a) Section 3(2) of the unamended 1988 Act is declared a....