AI Overview...
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Sale/Purchase and NDPS Act - The sources highlight that transactions involving narcotic drugs and psychotropic substances, such as ganja, are criminal offenses under the NDPS Act, and such activities attract severe legal consequences. The courts have emphasized that these do not constitute parallel proceedings and that individuals involved, like the detenu, have accepted their guilt, reinforcing the criminal nature of these transactions. The sale or purchase of drugs in these contexts is linked to health risks and addiction issues Dheeru Singh s/o Ganesh Singh VS State of Telangana, Rep. by its Principal Secretary, General Administration (Spl. Law & Order) Department - Telangana.
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Section 6A Legislation - Several references analyze the constitutionality and legislative competence of Section 6A, particularly concerning agricultural transactions like sugarcane purchase. Courts have upheld that Parliament has the authority under Article 11 to enact Section 6A, and provisions within it, such as Sections 6A(2) and 6A(3), are constitutional. The judgments reject claims that Section 6A violates Articles 14, 29(1), or other constitutional provisions, affirming its validity for regulating future transactions IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 VS . - Supreme Court, In Re: Section 6A Citizenship Act 1955 - Supreme Court.
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Benami Property Transactions - Multiple judgments address exceptions in benami property laws, notably the purchase of property in the name of a wife or unmarried daughter under clause (a) of sub-section (2). Courts recognize that such transactions are often genuine and not necessarily benami, especially when supported by real economic considerations. The procedures for attachment and confiscation of benami properties are also clarified, emphasizing procedural safeguards and judicial oversight RAMDHAN MEENA S/O REWAD MAL MEENA Vs DEPUTY COMMISSIONER OF INCOME TAX - Rajasthan, RATAN SIROHI S/O SHRI GOPAL KISHAN SIROHI Vs DY. COMMISSIONER OF INCOME TAX (BENAMI TRANSACTION) AND INITIATING OFFICER - Rajasthan, MS EPIC VYAPAAR PVT LTD AND ANR Vs DY COMMISSIONER OF INCOME TAX and ORS - Rajasthan, RAMDHAN MEENA S/O REWAD MAL MEENA Vs DEPUTY COMMISSIONER OF INCOME TAX - Rajasthan, DR. RAM SINGH YADAV @ RAMU RAM @ RAMU YADAV S/O LATE SH. BRAJ LAL ALIAS VIRDHI CHAND YADAV, Vs UNION OF INDIA - Rajasthan.
Analysis and Conclusion: The sources collectively underscore that sale and purchase activities related to narcotics are criminalized under the NDPS Act, with courts affirming the non-parallel nature of proceedings and emphasizing the health and social dangers of drug trafficking. Regarding legislative matters, courts have upheld the constitutionality of Section 6A, validating Parliament's authority to regulate agricultural transactions, including sugarcane purchases. In the context of benami transactions, judicial rulings recognize specific exceptions, such as transactions in the name of family members, provided they are genuine, and establish procedural safeguards for attachment and confiscation. These insights affirm the importance of legal clarity and constitutional validity in regulating complex transactions.
References: - Dheeru Singh s/o Ganesh Singh VS State of Telangana, Rep. by its Principal Secretary, General Administration (Spl. Law & Order) Department - Telangana - IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 VS . - Supreme Court - In Re: Section 6A Citizenship Act 1955 - Supreme Court - RAMDHAN MEENA S/O REWAD MAL MEENA Vs DEPUTY COMMISSIONER OF INCOME TAX - Rajasthan - RATAN SIROHI S/O SHRI GOPAL KISHAN SIROHI Vs DY. COMMISSIONER OF INCOME TAX (BENAMI TRANSACTION) AND INITIATING OFFICER - Rajasthan - MS EPIC VYAPAAR PVT LTD AND ANR Vs DY COMMISSIONER OF INCOME TAX and ORS - Rajasthan - RAMDHAN MEENA S/O REWAD MAL MEENA Vs DEPUTY COMMISSIONER OF INCOME TAX - Rajasthan - DR. RAM SINGH YADAV @ RAMU RAM @ RAMU YADAV S/O LATE SH. BRAJ LAL ALIAS VIRDHI CHAND YADAV, Vs UNION OF INDIA - Rajasthan
Search Results for "Sale Purchase Doesnt Attract 27 a of Section Ndps"
2022 0 Supreme(Telangana) 235 • India - Telangana
P.NAVEEN RAO, G.RADHA RANI
Narcotic Drugs and Psychotropic Substances Act, 1985 - Unlawful activities of peddling of ganja - Ill effects ... It is not a parallel proceeding - Court opined that detenu was committing multiple crimes under the NDPS Act did not change his attitude ... Besides, the detenu accepted the allegations against himself in his statement recorded under Section 161 of the Code of Criminal Procedure. ... These drugs and psychotropic substances attract youth and they get addicted to them leading to severe health concerns and also ....
2024 0 Supreme(SC) 942 • India - Supreme Court
D. Y. CHANDRACHUD, SURYA KANT, M. M. SUNDRESH, J. B. PARDIWALA, MANOJ MISRA
... ... Ratio Decidendi: The court held that Parliament had the power to enact Section 6A under Article 11, that Section 6A does ... ... ... Issues: The main issues were the legislative competence of Parliament to enact Section 6A, whether Section 6A violates Articles ... The court also found that Section 6A(3) and 6A(2) are constitutional. ... Meaning thereby that after the pronouncement of this judgment all future transactions of purchase of sugarcane by the sugar factories concer....
2024 Supreme(Online)(SC) 11075 • India - SUPREME COURT OF INDIA
Finally, it assessed Section 6A(3)'s constitutionality regarding temporal unreasonableness and Section 6A(2)'s lack of a registration ... The court rejected the arguments that Section 6A violates Articles 14, 29(1), 355, and that Section 6A(3) is unconstitutional due ... ... ... Issues: The main issues were the legislative competence of Parliament to enact Section 6A, whether Section 6A violates various ... Meaning thereby that after the pronouncement of this judgment all future tran....
2019 0 Supreme(Raj) 1137 • India - Rajasthan
VEERENDR SINGH SIRADHANA
petitioners and in course of search and seizure, several incriminating documents were found, indicating several benami transactions in purchase ... Act, 2016 - Section 24 (4) - Income Tax Act, 1961 - Section 132 - Jurisdiction of income tax - Challenged - Search and Seizure - ... Prohibition of Benami Property Transactions Act, 1988 - Section 24 - Benami Transactions (Prohibition) Amendment ... The first exception, contained in clause (a) of sub-section (2), was in respect of purchase ....
2018 7 Supreme 129 • India - Supreme Court
DIPAK MISRA, A. M. KHANWILKAR, ASHOK BHUSHAN, A. K. SIKRI, D. Y. CHANDRACHUD
27 and Section 33, 57 r/w Regulation 26 – Substantive, procedural or judicial safeguards – Authentication records under Reguation ... 33 – Sub-section (1) an exception to Section 28(2), Section 28(5) and Section 29(2) – Disclosure of information only on orders of ... Section 3. ... ... • Sale or purchase, by any person, of shares of a company not listed in a recognised stock exchange. ... • Sale or purch....
• India - High Court Of Rajasthan
VEERENDRA SINGH SIRADHANA
The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... attachment of property under sub-section (3) of section 24; (h) the procedure for confiscation of benami property under the second proviso to sub-#HL_ST....
• India - High Court Of Rajasthan
SANJEEV PRAKASH SHARMA
The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... In one sense, it signifies a transaction which is real, as for example when A sells properties to B but the sale deed mentions X as the purchaser. Here ....
• India - High Court Of Rajasthan
VEERENDRA SINGH SIRADHANA
The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... In one sense, it signifies a transaction which is real, as for example when A sells properties to B but the sale deed mentions X as the purchaser. Here ....
• India - High Court Of Rajasthan
VEERENDRA SINGH SIRADHANA
The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... In one sense, it signifies a transaction which is real, as for example when A sells properties to B but the sale deed mentions X as the purchaser. Here ....
• India - High Court Of Rajasthan
VEERENDRA SINGH SIRADHANA
The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... The first exception, contained in clause (a) of sub-section (2), was in respect of purchase of property by any person in the name of his wife or unmarried daughter. ... attachment of property under sub-section (3) of section 24; (h) the procedure for confiscation of benami property under the second proviso to sub-#HL_ST....
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