Benami Property Transactions - Real/original owner - provisional ...
Benami Property
May 2, 2024
Benami Property Transactions - Real/original owner - provisional attachment order issued u/s 24(3) of the Benami Transactions Act, 1988 - The High Court found in favor of the petitioner, holding that the show cause notice and provisional attachment order lacked a sufficient basis. The court referenced a Supreme Court ruling declaring certain sections of the Act unconstitutional and inapplicable retrospectively. Since the purchase of the land preceded the amendment to the Act, the court ruled that no proceedings could be initiated by the department. - Further, the court criticized the department for relying solely on a contractor's statement without substantial evidence. It emphasized the lack of supporting material or questioning of the contractor's basis for the claim, deeming the proceedings initiated without sufficient grounds.
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