Supreme Court · 2022 INSC 853 · Decided 23 August 2022
Union of India & ANR. v. M/S. Ganpati Dealcom PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 853 · [2022] 12 S.C.R. 320
- Case number
- CIVIL APPEAL No. 5783/2022
- Decided
- 23 August 2022
- Bench
- N.V. RAMANA, KRISHNA MURARI, HIMA KOHLI (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 20(1), 14, 19, 21
Headnote
Prohibition of Benami Property Transactions Act, 1988 - ss.3(2),5 - Benami Transactions (Prohibition) Amendment Act, 2016 - Held: s.3(2) of the unamended 1988 Act is unconstitutional for being manifestly arbitrary - Accordingly, s.3(2) of the unconstitutional as it is violative of Article 20(1) of the Constitution - Further, in rem forfeiture provision u/s.5 of the unamended Act of 1988, prior to the 2016 Amendment Act, was unconstitutional for being manifestly arbitrary - 2016 Amendment Act was not merely procedural,
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