CiteTEXT
...leave to appeal was granted by this Court on 15-11-1978. The Benami Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988, hereinafter referred to as “the Ordinance”, was...prohibit benami transactions and the right to recover property held benami and matters connected therewith or incidental thereto.9. Mr Rohtagi submits that provisions of the...for the respondent submits that the provisions of the Act are prospective and not retrospective, and as such would not affect the respondent's established right to the benami property. He has not...
...26.05.2022 passed by respondent No. 2 under Section 24(4)(a)(i) of the Prohibition of Benami Property Transactions Act, 1988 (briefly, ‘the Benami Property Transactions Act’ hereinafter.... Being the GPA holder, petitioner cannot be proceeded against under the provisions of the Benami Property Transactions Act as a benamidar.
4. On going through the impugned order dated...26.05.2022, we find that by the aforesaid order the alleged benami property has been subjected to provisional attachment, whereafter the matter has been referred to the adjudicating authority under Section...
...26.03.2022 & 30.03.2022 respectively passed by respondent No.5 under Section 24(4)(b)(i) of the Prohibition of Benami Property Transactions Act, 1988, as amended (briefly referred to hereinafter as the...'Benami Property Act').
3. By the aforesaid orders, 5threspondent exercising powers under Section 18(2) of the Benami Property Act has...Authority under Section 26(3) of the Benami Property Act.
4. Thereafter reference was made to the Adjudicating Authority under Section 24(5) of the Benami Property Act...
...orders dated 30.03.2022, 31.03.2022, 11.04.2022 and 12.04.2022 passed by respondent No.5 under Section 24(4)(b)(i) of the Prohibition of Benami Property Transactions Act, 1988, as amended (briefly...'Benami Property Act' hereinafter).
3. By the aforesaid orders, respondent No.5 exercising powers under Section 18(2) of the Benami Property Act has provisionally attached...Authority under Section 26(3) of the Benami Property Act.
4. Thereafter, reference was made to the Adjudicating Authority under Section 24(5) of the Benami Property Act...
...26.03.2022 & 30.03.2022 respectively passed by respondent No.5 under Section 24(4)(b)(i) of the Prohibition of Benami Property Transactions Act, 1988, as amended (briefly referred to hereinafter as the...'Benami Property Act').
3. By the aforesaid orders, 5threspondent exercising powers under Section 18(2) of the Benami Property Act has...Authority under Section 26(3) of the Benami Property Act.
4. Thereafter reference was made to the Adjudicating Authority under Section 24(5) of the Benami Property Act...
...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...) issued a notice to the respondent-company invoking Section 24(1) of the 2016 Act to show cause as to why the aforesaid property should not be considered as Benami property and the respondent company...as Benamidar within the meaning of Section 2(8) of the 2016 Act. On 06.09.2017, the respondent-company replied to the aforesaid show-cause notice denying that the scheduled property is a Benami...
...section 24(4) of the Benami Property Transactions Act,
1988.
3. The petitioner is stated to be the beneficial owner of the property in...proceedings shown to be prima facie used for issuing notice under the provisions of Benami Property Transactions Act. Therefore, this court is of the view that the provisions of natural justice is met. This...Chand Surana ... Petitioner in all WPs v.
1. Deputy Commissioner of Income Tax (Benami Prohibition)
Room No.104, 1st Floor
Income Tax Investigation...
...of Benami Property Transaction Act, 1988 (hereinafter called as the PBPT Act). 2. Mr. Pratyush Tripathi, learned counsel for the petitioner submits that the Initiating...) holding the property not to be a benami property and revoking the attachment order; or (ii) holding the property to be a benami property and confirming the attachment order, in...providing due opportunity of hearing to alleged Benamindar, he may pass the order to declare the property as Benami Property and confirm the attachment order or -:- 4 -:- W.P. No. 10280 of 2017 he may...
...(Prohibition) Act, 1988 (hereinafter referred to ‘Act’) can be applied to suit, claim or action to enforce any right in property held benami against person in whose name such property is held or any other...-sections reads as under:“Prohibition of the right to recover property held benami.— No suit, claim or action to enforce any right in respect of any property held benami....(2) No defence based on any right in respect of any property held benami, whether against the person in whose name the property is held or against any other person, shall be al...
...the Benami Transactions (Prohibition) Act, 1988 was amended and the new Act is now called as the Prohibition of Benami Property Transactions Act, 1988. Since the new Act has now become applicable with...(Prohibition) Act, 1988 but the Prohibition of Benami Property Transactions Act, 1988.
2. By the subject suit the respondents/plaintiffs sought possession, damages etc. of the...the stand point of the provisions of law as contained in the Prohibition of Benami Property Transactions Act, 1988.
4. It is relevant to at the outset state that...
...) S.K.Arumugasamy ...Petitioner (in WP.No.14164/2024) vs.
1.Adjudicating Authority
Under The Prohibition of Benami Property Transaction Act, 1988 Government of India, Ministry.../15/2023-PBPT dated 27.03.2024 passed by the 1st Respondent u/s. 26(3) of the Prohibition of Benami Property Transaction Act, 1988 as illegal, arbitrary and without jurisdiction...1stRespondent and quash the impugned order in F. No.OCA/MDS/16/2023-PBPT dated 27.03.2024 passed by the 1st Respondent u/s. 26(3) of the Prohibition of Benami Property Transaction Act...
...issued by the Assistant Commissioner of Income Tax being Initiating Officer, Benami Transactions (Prohibition) Unit, Hyderabad under Section 24(1) of the Prohibition of Benami Property Transactions Act..., 1988 (briefly 'the Benami Property Act' hereinafter)
5. In the second batch of cases i.e., Group B, the challenge is to the order passed by the...adjudicating authority under Section 26(3) of the Benami Property Act. Though the dates are different in each of the writ petitions, in the lead case of this group being W.P.No.33191 of 2022, the order passed by...
...respondent authorities began proceedings under the Prohibition of Benami Property Transactions Act, 1988 (“the Act”).2. First, the authorities issued the Ext.P1 show-cause notice...Prohibit of Benami Property Transactions Act, 1988.iii) declare that the provisions of “The Prohibition of Benami Property Transaction Act, 1988’ providing...petitioner can appear before the 3 respondent, put forward its defence, and establish that the Company, indeed, owns the property and that proeprty cannot be tainted with the label Benami. Eventually...
...
... Petitioner in W.P.No.14154 of 2022 vs.
1.The Adjudicating Authority,
Under the Prohibition of Benami Property Transactions Act, 1988, Room No...
Benami Property Transactions Act, 1988 as illegal, arbitrary and without jurisdiction.
Prayer in W.P.No.14151 of 2022: Writ petition filed under...section 24(5) of the Prohibition of Benami Property Transactions Act, 1988 as illegal, arbitrary and without jurisdiction.
Prayer in W.P.No.14153 of 2022: Writ petition filed under...
....... Petitioner
Vs
Adjudicating Authority under Benami Property Transactions Act, 1988
New Delhi and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI....
Ritu Bahri, J. (Oral)
Learned counsel for the petitioner has submitted that the
Appellate Tribunal under the Prohibition of Benami Property
Transactions Act, 1988 New...
...ground that the property stands in the name of defendant No. 1 and this being a Benami property, there is a bar u/s 4(1) of the Prohibition of Benami Property Transactions Act...in his name. The learned Counsel submits that this statement discloses that the property is benami property and in view of the statement made by the plaintiff in the plaint, the suit is barred under...section 4(1) of the Act. The learned Counsel pointed out section 4 of Prohibition of Benami Property Act as amended and w.e.f. 1.11.2016. Section...
....
2. THE ADJUDICATING AUTHORITY
UNDER THE PROHIBITION OF BENAMI
PROPERTY TRANSACTIONS ACT, 1988,
ROOM NO.26, 4TH FLOOR...writ of certiorari quashing the show notice issued under section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 vide F.No.DCIT/BPU/PS/2017-18 dated... nature of a writ of certiorari quashing the final show notice issued under section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 vide F.No.46/10/PBPT Act...
...UNDER
THE PROHIBITION OF BENAMI
PROPERTY TRANSACTIONS ACT, 1988,
ROOM NO.26, 4THFLOOR,
JEEVANDEEP BUILDING...).
(b) Issue a writ of Certiorari or direction in the nature of a writ of certiorari quashing the show notice issued under section 24(1) of the Prohibition of Benami Property Transactions...section 24(1) of the Prohibition of Benami Property Transactions Act, 1988 vide F.No.DCIT/BPU/PS/2017-18 dated 15.10.2018 issued by the Respondent No.1 as enclosed and marked as Annexure-C...
...its Managing Director Mr.Hittesh Patel
... Petitioner
Vs
1. The Adjudicating Authority, Under the Prohibition of Benami Property Transactions...29.8.2018 passed u/s 26(3) of the prohibition of Benami property Transactions Act 1988 as illegal arbitrary and without jurisdiction.
For Petitioner : Mr.Veerabathran Prasanth...
Sl Index : Yes / No Speaking Order / Non Speaking Order To
1. The Adjudicating Authority, Under the Prohibition of Benami Property Transactions Act, 1988...
.... Learned counsel has submitted that in the instant petition proceedings are carried out in pursuance of notice issued under Section 26(1) of the Prohibition of Benami Property Transaction...Prohibition of Benami Property Transaction Amendment Act, 2016 and the notice given on 23.01.2018, makes a reference of Initiating Officer, Benamidar and Beneficial owner(s...are necessary parties as their rights are going to be affected in case, any order is passed in pursuance of proceedings which are initiated under the Prohibition of Benami Property Transaction...