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VIVEK CHAUDHARY, OM PRAKASH SHUKLA
Meera Pandey Thru. Her Attorney – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. Heard Shri J.N. Mathur, learned Senior Counsel assisted by Shri Mudit Agarwal and Ms. Aishwarya Mathur, learned Counsel for the petitioner, Shri Surya Bhan Pandey, learned Senior Advocate/Deputy Solicitor General of India assisted by Dr. Ravi Kumar Mishra representing the respondent no.1/Union of India and Shri Neerav Chitravanshi and Shri Kushagra Dixit, learned Counsel for the respondent nos. 2 and 3.
2. By the present writ petition, primarily the petitioner has challenged the show cause notice dated 05.01.2023 issued under 24(1) of The Prohibition of Benami Property Transactions Act, 1988 (hereafter referred to as 'Benami Transactions Act 1988') and provisional attachment order dated 05.01.2023 issued under Section 24(3) of the Benami Transactions Act,1988. Petitioner has sought for further reliefs, but, at the very initial stage, learned counsel for the petitioner states that the main challenge is to the aforesaid show cause notice dated 05.01.2023 and the provisional attachment order dated 05.01.2023. In case the relief is granted to the said extent rest of the consequential orders and further actions would by themselves stand non-est and void.
3. By the impugned no
The main legal point established in the judgment is that a jurisdictional challenge under the Benami Act must demonstrate an ex facie erroneous assumption of jurisdiction by the authorities. The cour....
The exercise of cross-examination commences only after the proceedings for adjudication have commenced.
Deposit of demonetized cash into third-party account for conversion and immediate transfer back held benami transaction; cash as property/consideration under PBPT Act; attachment reduced to post-amne....
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