2022 (9) TMI 1683

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....>HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR AND HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI Appearance: For the Petitioner(s) No. 1,2,3,4: Mr S.N. Soparkar, Senior Advocate With Ms Shrunjal T Shah (10617). For the Respondent(s) No. 2,3: Mr M.R. Bhatt, Senior Advocate For M R Bhatt & Co. (5953). For the Respondent(s) No. 4: Mohit A Gupta (8967). For the Respondent(s) No. 1....

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....ayed for quashing of the attachment order passed under Section 24(3) of the Benami Transactions (Prohibition) Amendment Act, 2016 and the all consequential proceedings initiated pursuant thereto. 3. In this petition, essentially petitioners are seeking for writ of certiorari to declare the provisions of Benami Transactions (Prohibition) Amendment Act, 2016 being prospective and consequently the....

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....icle 20(1) of the Constitution. b) In rem forfeiture provision under Section 5 of the unamended Act of 1988, prior to the 2016 Amendment Act, was unconstitutional for 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 ....

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....inal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the 2016 Act, viz., 25.10.2016 and as a consequence thereof, all such prosecutions and confiscation proceedings which had been initiated came to be quashed. 6. In that view of the matter, we are of the considered view prosecution and initiation of proceedings in the instant case being pu....