Applicability of the Benami Transactions (Prohibition) Amendment Act, 2016

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....and others. The case was brought before the Madras High Court, challenging an order dated December 15, 2022, by the Appellate Tribunal for Prohibition of Benami Property Transaction Act, 1988, New Delhi. Key Issues * Retrospective Application of Law: The central issue was whether Section 5 of the Prohibition of Benami Property Transactions Act, 1988, as amended in 2016, should have retrospect....

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....t certain provisions of the unamended 1988 Act and the 2016 Amendment Act were unconstitutional for being manifestly arbitrary. * Impact of Pending Review Petition: While acknowledging a pending review petition at the Supreme Court, the High Court held that this does not constitute grounds to overturn the Tribunal's decision. * Disposition of the Case: The appeals were disposed of, allowin....