2022 (9) TMI 524

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....ECIAL CIVIL APPLICATION NO. 4462 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6809 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6883 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6903 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6836 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6808 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6832 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 6833 of 2021 With R/SP....

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....D KUMAR And HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI MR. JAINISH P SHAH(7033) for the Petitioner(s) No. 1 MS. JIGNA J SHAH(7004) for the Petitioner(s) No. 1 MR M.R. BHATT, SENIOR ADVOCATE FOR M R BHATT & CO.(5953) for the Respondent(s) No. 1 MR DEVANG VYAS, ADDITIONAL SOLICITOR GENERAL OF INDIA for the Respondent(s) No. 2, 3 ORDER ( PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVI....

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....ntial proceedings initiated pursuant thereto. 3. In this petition, essentially petitioner is seeking for writ of certiorari to declare the provisions of 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....

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....being manifestly arbitrary. c) The 2016 Amendment Act was not merely procedural, rather, prescribed substantive provisions. d) In rem forfeiture provision under Section 5 of the 2016 Act, being punitive in nature, can only be applied prospectively and not retroactively. e) Concerned authorities cannot initiate or continue criminal prosecution or confiscation proceedings for transactions e....