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2024 Supreme(SC) 1375

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Union of India – Appellant
Versus
Ganpati Dealcom Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Tushar Mehta, Solicitor General, Mr. Suryaprakash V Raju, A.S.G., Mr. Vikramjit Bannerjee, Adv., Mr. Siddharth Sinha, Adv., Mr. Zoheb Hussain, Adv., Mr. S A Haseeb, Adv., Mrs. Aakansha Kaul, Adv., Mr. Bhuvan Mishra, Adv., Mr. Ritwiz Rishabh, Adv., Mr. Kanu Agarwal, Adv., Mr. Raj Bahadur Yadav, AOR
For the Respondent: Mr. Ajay Vohra, Sr. Adv., Mr. Ankit Anandraj Shah, AOR, Mr. Aniket, Adv., Ms. Bhoomija Verma, Adv., Mr. Abhimanyu Singh, Adv., Mr. Shantanu Singh, Adv., Mr. Ravi Sehgal, Adv., Mr. Pai Amit, AOR, Ms. Manisha T Karia, Sr. Adv., Mr. Deepin Deepak Sahni, Adv., Ms. Ananya Arora, Adv., Ms. Shreya Gupta, Adv., Mr. Anandh K, Adv., Ms. Iyer Shruti Gopal, AOR

Table of Content
1. legal background of the case and key question. (Para 1 , 2)
2. declaration of unconstitutionality of specific provisions. (Para 3 , 4)
3. challenge to constitutional validity requires a lis. (Para 5)
4. restoration for fresh adjudication and review liberty granted. (Para 6 , 7 , 8)

ORDER :

1. We have heard Mr Tushar Mehta, Solicitor General appearing on behalf of the Union of India, and Mr Ajay Vohra, senior counsel appearing on behalf of the respondent.

2. The review has been sought in these proceedings of the judgment of a three- Judge Bench of this Court in Union of India and Another v Ganpati Dealcom Private Ltd. , (2023) 3 SCC 315. The only question which was framed for consideration by this Court was in the following terms:

    “3. 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 before we advert to the analysis.”

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