Supreme Court of India
Union of India & Anr. v. M/s. Ganpati Dealcom Pvt. Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
Held as under: 11. … Thus it was enacted to efface the then existing right of the real owners of properties held by others benami.
Judgment, page 39
From the headnote
Prohibition of Benami Property Transactions Act, 19 88 – ss.3(2),5 – Benami Transactions (Prohibition) Amendment Act, 2016 – Held: s.3(2) of the unamended 1988 Act is unconstit utional for being manifestly arbitrary – Accordingly, s.3(2) of th e 2016 Act is also unconstitutional as it is violative of Article 20(1) of the Constitution – Further, in rem forfeiture provision u/s.5 of the unamended Act of 1988, prior to the 2016 Amendment Act, was unconstitutional for being manifestly arbitrary – 2016 Amendment Act was not merely procedural, rather, prescribed s ubstantive provisions – In rem
Authorities it was built on
- 1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- 1978 Maneka Gandhi v. Union of India
- 2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors.
- 2014 Commissioner of Income Tax (central)-1, New Delhi v. Vatika Township Private Limited
- 2017 Shayara Bano v. Union of India and Others
- 1978 Sunil Batra Etc. v. Delhi Administration and Ors. Etc.
- 1969 Nathulal v. Phoolchand
- 1989 Mithilesh Kumari & Anr. v. Prem Behari Khare
- 2018 Joseph Shine v. Union of India
- 1982 T. Barai v. Henry Ah Hoe and Another
- 1973 Jaydayal Poddar (deceased) through His Lrs and Another v. Mst. Bibi Hazra and Ors.
- 2004 Narendra Singh and Anr. v. State of M.P.
- 1995 R. Rajagopal Reddy (dead) by Lrs. and Ors. v. Padmini Chandrasekharan (dead) by Lrs.
- 1985 Divisional Forest Offlcer. & Anr v. G.V. Sudhakar Rao & Ors.,
- 2015 Yogendra Kumar Jaiswal Etc. v. State of Bihar & Ors.
- 1979 Bhim Singh &.anr. v. Kan Singh
Where later benches applied it
- 2024 C. Subbiah @ Kadambur Jayaraj and Others v. The Superintendent of Police and Others
- 2024 Union of India & Anr v. M/s Ganpati Dealcom Pvt. Ltd.
Of those, 1 referred to · 1 mentioned
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