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Landmark Judgment: Benami Amendment Act, 2016 not applicable from retrospective effect: HC
Case Law Details
- Case Name
- Niharika Jain W/o Shri Andesh Jain Vs Union of India (Rajasthan High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Rajasthan High Court
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Niharika Jain W/o Shri Andesh Jain Vs Union of India (Rajasthan High Court)
It is well settled law that a substantive provision unless specifically made retrospective or otherwise intended by the Parliament should always be held to be prospective. The power to confiscate and consequent forfeiture of rights or interests are drastic being penal in nature, and therefore, such statutes are to be read very strictly. However, there can be no exercise of powers under such statutes by way of extension or implication.
In view of the settled legal proposition that no authority, much le...
