-27%

A Practical Guide to The Prohibition of Benami Property

580.35

Book Details
TitleA Practical Guide to The Prohibition of Benami Property
ISBN9789356037175
Edition3rd edn.,  2024
Pages432
AuthorsSunil Kumar Gupta  &  Pawan Singh Tomar
PublisherCommercial Law Publishers
(Flat 27% Discount for a limited period + Free Shipping)

Description

‘A Practical Guide to The Prohibition of Benami Property Transactions,’ 3rd edition, 2024, by Sunil Kumar Gupta  &  Pawan Singh Tomar, ISBN 9789356037175, is a comprehensive resource published by Commercial Law Publishers. Spanning 432 pages, this guide offers an in-depth analysis of the Benami Transactions (Prohibition) Acts, including the 1988 Act and its amendments through the Finance Act of 2021. Designed for legal professionals, students, and anyone interested in understanding the complex legal framework surrounding benami properties, the book provides detailed sections on prohibition, authorities, adjudication, confiscation, and more, alongside frequently asked questions and case laws. Now available with a 27% discount plus free shipping for a limited time.

Introduction

BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY} ORDINANCE, 1988

2

BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988

3

THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988

7

AMENDMENT BY THE FINANCE ACT, 2021

7

FREQUENTLY ASKED QUESTIONS (FAQS)7
Chapter 1Preliminary
SECTION 2 – DEFINITIONS16
FREQUENTLY ASKED QUESTIONS {FAQs)97
Chapter 2Prohibition of Benami Transactions
SECTION 3 – PROHIBITION OF BENAMI TRANSACTIONS123
SECTION 4. PROHIBITION OF THE RIGHT TO RECOVER PROPERTY HELD BENAMI129
[SECTION 5- PROPERTY HELD BENAMI LIABLE TO CONFISCATION135
[6. PROHIBITION ON RE-TRANSFER OF PROPERTY BY BENAMIDAR138
RELEVANT CASE LAWS139
FREQUENTLY ASKED QUESTIONS {FAQ’S}145
Chapter 3Authorities
SECTION 7. ADJUDICATING AUTHORITY151
SECTION 8 to SECTION 17151
SECTION 18. AUTHORITIES AND JURISDICTION151
SECTION 19. POWERS OF THE AUTHORITIES152
SECTION 20. CERTAIN OFFICERS TO ASSIST IN INQUIRY, ETC.157
SECTION 21. POWER TO CALL FOR INFORMATION158
SECTION 22. POWER OF AUTHORITY TO IMPOUND DOCUMENTS158
SECTION 23. POWER OF AUTHORITY TO CONDUCT ENQUIRY, ETC.160
FREQUENTLY ASKED QUESTIONS {FAQS)161
Chapter 4Attachment, Adjudication and Confiscation
SECTION 24. NOTICE AND ATTACHMENT OF PROPERTY164
INVOLVED IN BENAMI TRANSACTION164
SECTION 25. MANNER OF SERVICE OF NOTICE171
SECTION 26. ADJUDICATION OF BENAMI PROPERTY172
SECTION 27. CONFISCATION AND VESTING OF BENAMI PROPERTY178
SECTION 28. MANAGEMENT OF PROPERTIES CONFISCATED182
SECTION 29. POSSESSION OF THE PROPERTY183
FREQUENTLY ASKED QUESTIONS {FAQS)184
Chapter 5Appellate Tribunal
SECTION 30. ESTABLISHMENT OF APPELLATE TRIBUNAL194
SECTION 31. COMPOSITION, ETC., OF APPELLATE TRIBUNAL194
SECTION 32. QUALIFICATIONS FOR APPOINTMENT OF CHAIRPERSON AND MEMBER OF APPELLATE TRIBUNAL195
SECTION 33. TERMS AND CONDITIONS OF SERVICES OF CHAIRPERSON AND MEMBERS OF APPELLATE TRIBUNAL196
SECTION 34. TERM OF OFFICE OF CHAIRPERSON AND MEMBERS197
SECTION 35. REMOVAL OF CHAIRPERSON AND MEMBER FROM OFFICE IN CERTAIN CIRCUMSTANCES197
SECTION 36. VACANCIES, ETC., NOT TO INVALIDATE P ROCEEDINGS OF APPELLATE TRIBUNAL199
SECTION 37. RESIGNATION AND REMOVAL199
SECTION 38. MEMBER TO ACT AS CHAIRPERSON IN CERTAIN CIRCUMSTANCES199
SECTION 39. STAFF OF APPELLATE TRIBUNAL200
SECTION 40. PROCEDURE AND POWERS OF APPELLATE TRIBUNAL200

 

Section 40(1)–It provides that201
SECTION 41. DISTRIBUTION OF BUSINESS AMONGST BENCHES OF APPELLATE TRIBUNAL204
SECTION 42. POWER OF CHAIRPERSON OF APPELLATE TRIBUNAL TO TRANSFER CASES205
SECTION 43. DECISION TO BE BY MAJORITY205
SECTION 44. MEMBERS, ETC., TO BE PUBLIC SERVANTS205
SECTION 45. BAR OF JURISDICTION OF CIVIL COURTS206
SECTION 46. APPEALS TO APPELLATE TRIBUNAL206
SECTION 47. RECTIFICATION OF MISTAKES209
SECTION 48. RIGHT TO REPRESENTATION211
SECTION 49. APPEAL TO HIGH COURT212
FREQUENTLY ASKED QUESTIONS {FAQS)219
Chapter 6Special Courts
SECTION 50. SPECIAL COURTS227
SECTION 51. APPLICATION OF CODE OF CRIMINAL PROCEDURE, 1973 TO PROCEEDINGS BEFORE SPECIAL COURT229
SECTION 52. APPEAL AND REVISION230
FREQUENTLY ASKED QUESTIONS (FAQS)231
Chapter 7Offences and Prosecution
SECTION 53. PENALTY FOR BENAMI TRANSACTION234
SECTION 54. PENALTY FOR FALSE INFORMATION237
SECTION 55. PREVIOUS SANCTION238
FREQUENTLY ASKED QUESTIONS (FAQS)239
Chapter 8Miscellaneous
SECTION 56. REPEAL OF PROVISIONS OF CERTAIN ACTS244
SECTION 57. CERTAIN TRANSFERS TO BE NULL AND VOID247
SECTION 58. EXEMPTION248
SECTION 59. POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS, ETC249
SECTION 60. APPLICATION OF OTHER LAWS NOT BARRED251
SECTION 61. OFFENCES TO BE NON-COGNIZABLE252
SECTION 62. OFFENCES BY COMPANIES253
SECTION 63. NOTICE, ETC., NOT TO BE INVALID ON CERTAIN GROUNDS258
SECTION 64. PROTECTION OF ACTION TAKEN IN GOOD FAITH258
SECTION 65. TRANSFER OF PENDING CASES259
SECTION 66. PROCEEDINGS, ETC., AGAINST LEGAL REPRESENTATIVE260
SECTION 67. ACT TO HAVE OVERRIDING EFFECT261
SECTION 68. POWER TO MAKE RULES262
SECTION 69. LAYING OF RULES AND NOTIFICATIONS BEFORE PARLIAMENT264
SECTION 70. POWER TO REMOVE DIFFICULTIES265
SECTION 71. TRANSITIONAL PROVISION266
[SECTION 72]. REPEAL AND SAVING267
FREQUENTLY ASKED QUESTIONS {FAQS)270
Chapter 9Comparison with Other Acts and Suggestions
(A) COMPARISON OF THE PROVISIONS OF THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988 WITH THE AMENDED PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988282
(B) COMPARISON OF THE PROVISIONS OF THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 WITH THE AMENDED ACT (AMENDED IN 2016) I.E., PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988282
(C) COMPARISON OF BENAMI ACT, 1988 WITH PREVENTION OF MONEY LAUNDERING ACT, 2002284
(D) COMPARISON OF AMENDED BENAMI ACT, 1988 WITH INCOME TAX ACT, 1961286
(E) SUGGESTIONS288
Chapter 10Appendices
I. THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988292
II. THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 (45 OF 1988)293
III. THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016295
IV. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 (45 OF 1988)325
V. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS RULES, 2016354
VI. NOTIFICATIONS ISSUED UNDER THE ACT359
VII. SCHEDULE361
VIII. RELEVANT SECTIONS OF CODE OF CRIMINAL PROCEDURE, 1973378
IX. RELEVANT SECTIONS OF INDIAN PENAL CODE, 1860392
RELEVANT SECTIONS OF CODE OF CIVIL PROCEDURE, 1908394
XI. RELEVANT SECTIONS OF TRANSFER OF PROPERTY ACT, 1882394
XII. RELEVANT SECTIONS OF INDIAN EVIDENCE ACT, 1872395
XIII. RELEVANT SECTIONS OF INDIAN SUCCESSION ACT, 1925395
XIV. RELEVANT SECTIONS OF INDIAN PARTNERSHIP ACT, 1932395
XV. RELEVANT SECTIONS OF THE INCOME-TAX ACT, 1961396
XVI. RELEVANT SECTIONS OF PREVENTION OF MONEY LAUNDERING ACT, 2002411
XVII. RELEVANT SECTIONS OF COMPANIES ACT, 2013413
XVIII. RELEVANT EXTRACTS FROM FINANCE ACT, 2016416
XIX. RELEVANT EXTRACTS FROM FINANCE ACT, 2021416
XX. RELEVANT SECTIONS OF INDIAN TRUSTS ACT, 1882417

Additional information

Publisher

Commercial

Reviews

There are no reviews yet.


Be the first to review “A Practical Guide to The Prohibition of Benami Property”