N. V. RAMANA, KRISHNA MURARI, HIMA KOHLI
Union Of India – Appellant
Versus
Ganpati Dealcom Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. analysis of the legal context and historical implications (Para 2 , 4 , 15) |
| 2. factual background of the case (Para 3 , 5 , 6 , 8 , 10) |
| 3. constitutionality and enforceability of the amended act (Para 14) |
JUDGMENT :
N.V. RAMANA , CJI.
1. Leave granted.
2. This case involves a tussle between the normative and positivist positions regarding the nature of a crime and punishment. Treating the Constitution as a flag post, a result of this tussle is sought in the following deliberation.
3. This appeal is filed against the impugned judgment dated 12.12.2019 passed by the High Court of Judicature at Calcutta in APO No. 8 of 2019 along with Writ Petition No. 687 of 2017.
4. The short legal question which 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, 2016 [for short the ‘2016 Act’] has a prospective effect. Although a purely legal question arises in this appeal, it is necessary to have a brief factual background in mind b
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