Supreme Court Recalls Its Judgement Which Struck Down Section 3 And Section 5 Of Benami Transactions (Prohibition) Act 1988

The Supreme Court in the case Union of India v. Ganpati Dealcom Pvt Ltd recalled its 2022 judgement wherein the court struck down Section 3(2) and Section 5 of the Benami Transactions (Prohibition) Act 1988 as unconstitutional.

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The bench comprising of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was hearing the present matter.

The bench in the case recalled the judgment wherein the court allowed a review petition filed by the Union Government against the judgment.

The bench noted that the Constitutionality of the provisions of the unamended Benami Transactions Act was never raised in the original proceedings and the only question which was framed by the bench which originally heard the matter was 'whether the Prohibition of Benami Property Transactions Act, 1988, as amended by the Benami Transactions (Prohibition) Amendment Act, 2016, has a prospective effect.'