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TMI Blog2024 (10) TMI 1120X X X X Extracts X X X X X X X X Extracts X X X X ..... d as violative of Article 20(1) of the Constitution. The provisions of Section 5 of the unamended Act, prior to the Amendment of 2016, have been declared to be unconstitutional on the ground that they are manifestly arbitrary. It is not disputed that there was no challenge to the constitutional validity of the unamended provisions. This is also clear from the formulation of the question which arose for consideration before the Bench 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. A challenge to the constitutional validity of a statutory provision cannot be adjudicated upon in the absence of a lis and contest between the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , senior counsel appearing on behalf of the respondent. 2. The review has been sought in these proceedings of the judgment of a three- Judge Bench of this Court in Union of India and Another v Ganpati Dealcom Private Ltd (2023) 3 SCC 315 . The only question which was framed for consideration 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 this appeal, it is necessary to have a brief factual background in mind befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being manifestly arbitrary and as violative of Article 20(1) of the Constitution. The provisions of Section 5 of the unamended Act, prior to the Amendment of 2016, have been declared to be unconstitutional on the ground that they are manifestly arbitrary. 5. It is not disputed that there was no challenge to the constitutional validity of the unamended provisions. 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 b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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