2024 (10) TMI 1120

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.... CHANDRACHUD, HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA And HON'BLE MR. JUSTICE MANOJ MISRA For the Petitioner : Mr. Tushar Mehta, Solicitor General Mr. Suryaprakash V Raju, A.S.G. Mr. Vikramjit Bannerjee, Adv. Mr. Siddharth Sinha, Adv. Mr. Zoheb Hussain, Adv. Mr. S A Haseeb, Adv. Mrs. Aakansha Kaul, Adv. Mr. Bhuvan Mishra, Adv. Mr. Ritwiz Rishabh, Adv. Mr. Kanu Agarwal, Adv. Mr. ....

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....tion by this Court was in the following terms: "3. The short legal question which arises for this Court's consideration is whether the Prohibition of Benami Property Transactions Act, 1988 (for short "the 1988 Act"), as amended by the Benami Transactions (Prohibition) Amendment Act, 2016 (for short "the 2016 Act") has a prospective effect. Although a purely legal question arises in th....

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....16 Act, being punitive in nature, can only be applied prospectively and not retroactively. 127.5. The authorities concerned cannot initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the 2016 Act viz. 25-10-2016. As a consequence of the above declaration, all such prosecutions or confiscation proceedings sha....

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....sions. This is also clear from the formulation of the question which arose for consideration before the Bench in paragraph 3 of the judgment, which has been extracted above. In the submissions of parties which have been recorded in the judgment, the issue of constitutional validity was not squarely addressed. 6. A challenge to the constitutional validity of a statutory provision cannot be adjud....