Benami Transactions (Prohibition) Amendment Act, 2016

The Supreme Court examined the constitutionality of the Benami Property Transactions Act, 1988 and its 2016 amendment in a dispute between the Union of India and M/s. Ganpati Dealcom Pvt. Ltd. The Court held that Section 3(2) of the 1988 Act, which created a strict‑liability offence without mens rea, is manifestly arbi…

Surendra Kerdile, the maternal uncle, gave his nephew Sanjay a power of attorney to sell a flat. Two sale agreements were executed, one for Rs 2,30,000 on 03‑07‑1989 and a later one for Rs 1,30,000 on 30‑11‑1989. Surendra advanced Rs 80,000 to Sanjay for business expansion; Sanjay issued post‑dated cheques which were l…

The Supreme Court, in a review petition filed by the Union of India, examined its earlier 2022 judgment that declared certain provisions of the Prohibition of Benami Property Transactions Act, 1988 and its 2016 amendment unconstitutional. The Court observed that the original appeal did not contain any challenge to the …