CJI Chandrachud said we will list it.
New Delhi:
In the case of cancellation of certain documents of benami charge law, the Central Government has filed a petition in the Supreme Court and the Supreme Court has threatened to reconsider its decision of 24 August 2022. Simultaneously, a demand is also made to hear the petition in open court. Solicitor General Tushar Mehta sought an early hearing of the petition claiming CJI DY Chud, saying it was an unusual request. We want court hearing in the open of continuity. A lot of orders are being passed because of this decision. Even though certain provisions of the Benami Act were not problematic, they were struck down. The issue of retrospective effect is also one of these. On this CJI Chandrachud said that we will list it.
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In fact, on August 24, 2022, a major decision of the Supreme Court came regarding the Benami (Prohibition of Transactions) Amendment Act, 1988 and 2016. The 2016 amendment was struck down by the Supreme Court, saying the law could not be applied as widely as before. 2016 Act will only have effect. These will not apply to all actions taken prior to the conscientious act. The action prior to the amendment was cancelled. The Supreme Court had said that this amendment was arbitrary and a violation of fundamental rights.
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Such provision shall have no retrospective effect. The Bargaining (Prohibition) Amendment Act, 2016 cannot be implemented with comprehensive effect. This Act can be implemented from the day it comes into force. The bench with the recommendations of CJI NV Ramana gave this verdict against the order of the Calcutta High Court on a petition filed against the Calcutta High Court. The High Court had decided that the 2016 amendment was limited in nature and could not be applicable retroactively.
The Benami Lime (Prohibition) Act is an act passed by the Indian Parliament which prohibits benami allotment. It was first passed in 1988 and amended in 2018. The Auth Bill has the power to confiscate and seal benami properties. Along with this, there is also a provision of registration with fine.
The original Act provided for imprisonment of up to three years and a fine, or both, for making benami allegations. The punishment under the Maintenance Act has been increased to seven years. Those who give outlandish false information can also be fined up to 10 per cent of the market value of the motorcycle. The new law has been brought to check domestic black money especially in the real goods sector.
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