Prohibition Of Benami Property Transactions Act, 1988

S. 26(3):Benami Transactions — Principles of natural justice — Ex oarte Order —Matter remitted to adjudicating authority.[ Art. 226 ]

Prevention of Money Laundering Act , 2002 .

S. 3: Offence of money -laundering -Offences And Prosecution — Money-Laundering — Auditor —Transfer of foreign exchange -Fictitious Bank accounts – Issue of tax determination certificates in Form 15CCA without ascertaining genuineness of documents — Not an offence- The Chartered Accountant is required to only examine the nature of remittance and nothing more . [S. 4 , ITRules , 1962 , 37BB , Form 15CA , Indian Penal Code , 420, 465, 467, 471 Art. 226 ]

The Prohibition of Benami Property Transactions Act, 1988

S. 2(9) : Benami Transaction- Provisional attachment – Transactions entered into prior to coming into force of 2016 Act High Court quashed the proceedings . [ S. 26(3) , Art . 226 ]

The Prohibition of Benami Property Transactions Act, 1988

S. 2(9) : Benami Transaction- Provisional attachment – Transactions entered into prior to coming into force of 2016 Act -Order of High Court quashing the proceedings is affirmed – SLP of Revenue is dismissed . [ S. 26(3) , Art .136 ]

Contempt of Courts Act , 1971 .

S. 2( c )(i): Contempt of Court- Criminal contempt – For making Scandalous , unwarranted and baseless imputations against several sitting Judges of the High Court and district Courts – Court has sentenced a lawyer to six months imprisonment after holding him guilty of criminal contempt . [ S. 5 14, , 15]

The Prohibitions of Benami Property Transactions Act, 1988

S. 24 :Notice and attachment of property involved in benami transaction- Show cause notice – Court held that the show-cause notice could not be interfered however, time to file objection/response to show-cause notice was extended by a period of two weeks. [ S.2( 9) , Art. 226 ]

Right to Information Act, 2005

S.8: Exemption from disclosure of information- Donation – CBDT- Shri Ram Janmabhoomi Teerth Kshetra Trust- CPIO having made out a prima facie case for grant of interim relief, order shall remain stayed till next hearing and no coercive steps shall be taken against CPIO, pursuant to same . [ S.8(1)(e), 8(1)(j) , 11, 19(4)(ii), Income -tax Act , 1961 , S.80G(2)(b) , 119 , 138, Art.226 ]

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 .
S. 26E : Priority to secured creditors- Charge on mortgaged property – First charge in favour of Bank – Tax Authority had second charge – Purchase of property from private sale held by bank – Paid full consideration – Tax Authority had no right to disturb title , interest and possession – Charge created by the Tax Authority was quashed [ Value Added Tax Act 2003 , S. 9, 46 , 48 , Art . 226 ]

Right to Information Act , 2005 .

S. 3: Right to information – Non -Citizens can also get the information under Right to Information Act – There is no bar.. [ S. 4, 5 ,6,7,18 Art . 5, 21, 226 ]

Advocates Act , 1961 .

S. 16: Senior and other advocates – Regulation of process for designation as Senior Advocates –Fine tuning of process – The designation of Senior Advocates in India is a privilege awarded as a mark of excellence to advocates who have distinguished themselves and have made a significant contribution to the development of the legal profession – Objective is to provide better assistance to litigants and the Courts . [ S.16(2), Art, 32 ]