2023 (3) TMI 1448 - HC - Benami Property

Notice u/s 24(1) of the Prohibition of Benami Property Transactions Act, 1988 - HELD THAT - Both the parties jointly submit that the issue of legality of the aforesaid notice is covered in favour of the petitioner, by a judgement of the Hon ble Supreme Court which was followed by this Court in order in Deific Abode LLP Vs Union of India Ors 2022 (11) TMI 1438 - CALCUTTA HIGH COURT Considering the joint submission of the parties that the issue of legality of the aforesaid notices are covered by the aforesaid order of this Court in favour of the petitioner, this writ petition is disposed of by setting aside the impugned notice under Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 and all subsequent proceedings on the basis of the aforesaid notices are also quashed and all legal consequence will automatically follow.

Summary

The High Court of Calcutta in a judgment cited as 2023 (3) TMI 1448 set aside an impugned notice under Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988, and all subsequent proceedings based on it. The decision was made based on a previous judgment of the Hon'ble Supreme Court followed by the Calcutta High Court in a related case. The writ petition challenging the notice was disposed of in favor of the petitioner.