The Benami Amendment Act, 2016, amending the Benami Act, 1988, comes into force on 01.11.2016 and does not have retrospective effect. Unless a contrary intention is reflected, every legislation is presumed and intended to be prospective. In the normal course of human behaviour, one is entitled to arrange his affairs keeping in view the laws for the time being in force and such arrangement of affairs should not be dislodged by retrospective application of law. The High Court can strike down wrong exercise of jurisdiction u/A 226, 227 individual to save individuals from lengthy proceedings and unnecessary harassment .( S.B. Civil Writ Petition No. 2915/2019, dt. 12.07.2019)
Nikharika Jain v. UOI (2019) 107 taxman .com 272 (Raj)(HC), www.itatonline.org
Prohibition of Benami Property Transactions Act , 1988.
S.3: Prohibition of benami transactions- The Benami Amendment Act, 2016, amending the Benami Act, 1988, comes into force on 01.11.2016 and does not have retrospective effect. [S. 2((9), 5,8 / Art . 226 , 227 ]