Amendment to Prohibition of Benami Property Transactions Act, 1988 – Prospective or retrospective?

Deific Abode LLP Vs Union of India (Calcutta High Court) The fundamental point of contention, as advanced by Mr. Khaitan, learned Senior Advocate, appearing on behalf of the petitioners, is the unconscionable and illegal ‘retrospective applicability’ of the 1988 Act, leading to these proceedings. When the matter was last taken up, Mr. Khaitan had conspicuously drawn my attention to the Division Bench judgment of this Court rendered in M/s. Ganpati Dealcom Pvt. Ltd v. Union of India (WPO No. 687 of 2017) dated December 12, 2019, which had interpreted the amendment Act of 2016 to the 1988 Ac...