A Practical Guide to the Prohibition of Benami Property Transactions Act, 1988 /
Gupta, Sunil Kumar
A Practical Guide to the Prohibition of Benami Property Transactions Act, 1988 / by Sunil Kumar Gupta and Pawan Singh Tomar - 3th ed. - New Delhi: Commercial law Publishers india pvt Ltd, 2024. - 417p.; 24cm.
Introduction
BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY} ORDINANCE, 1988
BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988
THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988
AMENDMENT BY THE FINANCE ACT, 2021
FREQUENTLY ASKED QUESTIONS (FAQS)
Chapter 1 Preliminary
SECTION 2 – DEFINITIONS
FREQUENTLY ASKED QUESTIONS
Chapter 2 Prohibition of Benami Transactions
SECTION 3 – PROHIBITION OF BENAMI TRANSACTIONS
SECTION 4. PROHIBITION OF THE RIGHT TO RECOVER PROPERTY HELD BENAMI
[SECTION 5- PROPERTY HELD BENAMI LIABLE TO CONFISCATION
[6. PROHIBITION ON RE-TRANSFER OF PROPERTY BY BENAMIDAR
RELEVANT CASE LAWS
FREQUENTLY ASKED QUESTIONS
Chapter 3 Authorities
SECTION 7. ADJUDICATING AUTHORITY
SECTION 8 to SECTION 17
SECTION 18. AUTHORITIES AND JURISDICTION
SECTION 19. POWERS OF THE AUTHORITIES
SECTION 20. CERTAIN OFFICERS TO ASSIST IN INQUIRY, ETC.
SECTION 21. POWER TO CALL FOR INFORMATION
SECTION 22. POWER OF AUTHORITY TO IMPOUND DOCUMENTS
SECTION 23. POWER OF AUTHORITY TO CONDUCT ENQUIRY, ETC.
FREQUENTLY ASKED QUESTIONS {FAQS)
Chapter 4 Attachment, Adjudication and Confiscation
SECTION 24. NOTICE AND ATTACHMENT OF PROPERTY
INVOLVED IN BENAMI TRANSACTION
SECTION 25. MANNER OF SERVICE OF NOTICE
SECTION 26. ADJUDICATION OF BENAMI PROPERTY
SECTION 27. CONFISCATION AND VESTING OF BENAMI PROPERTY
SECTION 28. MANAGEMENT OF PROPERTIES CONFISCATED
SECTION 29. POSSESSION OF THE PROPERTY
FREQUENTLY ASKED QUESTIONS {FAQS)
Chapter 5 Appellate Tribunal
SECTION 30. ESTABLISHMENT OF APPELLATE TRIBUNAL
SECTION 31. COMPOSITION, ETC., OF APPELLATE TRIBUNAL
SECTION 32. QUALIFICATIONS FOR APPOINTMENT OF CHAIRPERSON AND MEMBER OF APPELLATE TRIBUNAL
SECTION 33. TERMS AND CONDITIONS OF SERVICES OF CHAIRPERSON AND MEMBERS OF APPELLATE TRIBUNAL
SECTION 34. TERM OF OFFICE OF CHAIRPERSON AND MEMBERS
SECTION 35. REMOVAL OF CHAIRPERSON AND MEMBER FROM OFFICE IN CERTAIN CIRCUMSTANCES
SECTION 36. VACANCIES, ETC., NOT TO INVALIDATE P ROCEEDINGS OF APPELLATE TRIBUNAL
SECTION 37. RESIGNATION AND REMOVAL
SECTION 38. MEMBER TO ACT AS CHAIRPERSON IN CERTAIN CIRCUMSTANCES
SECTION 39. STAFF OF APPELLATE TRIBUNAL
SECTION 40. PROCEDURE AND POWERS OF APPELLATE TRIBUNAL
Section 40(1)–It provides that
SECTION 41. DISTRIBUTION OF BUSINESS AMONGST BENCHES OF APPELLATE TRIBUNAL
SECTION 42. POWER OF CHAIRPERSON OF APPELLATE TRIBUNAL TO TRANSFER CASES
SECTION 43. DECISION TO BE BY MAJORITY
SECTION 44. MEMBERS, ETC., TO BE PUBLIC SERVANTS
SECTION 45. BAR OF JURISDICTION OF CIVIL COURTS
SECTION 46. APPEALS TO APPELLATE TRIBUNAL
SECTION 47. RECTIFICATION OF MISTAKES
SECTION 48. RIGHT TO REPRESENTATION
SECTION 49. APPEAL TO HIGH COURT
FREQUENTLY ASKED QUESTIONS {FAQS)
Chapter 6 Special Courts
SECTION 50. SPECIAL COURTS
SECTION 51. APPLICATION OF CODE OF CRIMINAL PROCEDURE, 1973 TO PROCEEDINGS BEFORE SPECIAL COURT
SECTION 52. APPEAL AND REVISION
FREQUENTLY ASKED QUESTIONS (FAQS)
Chapter 7 Offences and Prosecution
SECTION 53. PENALTY FOR BENAMI TRANSACTION
SECTION 54. PENALTY FOR FALSE INFORMATION
SECTION 55. PREVIOUS SANCTION
FREQUENTLY ASKED QUESTIONS (FAQS)
Chapter 8 Miscellaneous
SECTION 56. REPEAL OF PROVISIONS OF CERTAIN ACTS
SECTION 57. CERTAIN TRANSFERS TO BE NULL AND VOID
SECTION 58. EXEMPTION
SECTION 59. POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS, ETC
SECTION 60. APPLICATION OF OTHER LAWS NOT BARRED
SECTION 61. OFFENCES TO BE NON-COGNIZABLE
SECTION 62. OFFENCES BY COMPANIES
SECTION 63. NOTICE, ETC., NOT TO BE INVALID ON CERTAIN GROUNDS
SECTION 64. PROTECTION OF ACTION TAKEN IN GOOD FAITH
SECTION 65. TRANSFER OF PENDING CASES
SECTION 66. PROCEEDINGS, ETC., AGAINST LEGAL REPRESENTATIVE
SECTION 67. ACT TO HAVE OVERRIDING EFFECT
SECTION 68. POWER TO MAKE RULES
SECTION 69. LAYING OF RULES AND NOTIFICATIONS BEFORE PARLIAMENT 264
SECTION 70. POWER TO REMOVE DIFFICULTIES
SECTION 71. TRANSITIONAL PROVISION
[SECTION 72]. REPEAL AND SAVING
FREQUENTLY ASKED QUESTIONS {FAQS)
Chapter 9 Comparison 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, 1988
(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, 1988
(C) COMPARISON OF BENAMI ACT, 1988 WITH PREVENTION OF MONEY LAUNDERING ACT, 2002
(D) COMPARISON OF AMENDED BENAMI ACT, 1988 WITH INCOME TAX ACT, 1961 286
(E) SUGGESTIONS
Chapter 10 Appendices
I. THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988
II. THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 (45 OF 1988)
III. THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016
IV. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 (45 OF 1988)
V. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS RULES, 2016
VI. NOTIFICATIONS ISSUED UNDER THE ACT
VII. SCHEDULE
VIII. RELEVANT SECTIONS OF CODE OF CRIMINAL PROCEDURE, 1973
IX. RELEVANT SECTIONS OF INDIAN PENAL CODE, 1860
RELEVANT SECTIONS OF CODE OF CIVIL PROCEDURE, 1908
XI. RELEVANT SECTIONS OF TRANSFER OF PROPERTY ACT, 1882
XII. RELEVANT SECTIONS OF INDIAN EVIDENCE ACT, 1872
XIII. RELEVANT SECTIONS OF INDIAN SUCCESSION ACT, 1925
XIV. RELEVANT SECTIONS OF INDIAN PARTNERSHIP ACT, 1932
XV. RELEVANT SECTIONS OF THE INCOME-TAX ACT, 1961
XVI. RELEVANT SECTIONS OF PREVENTION OF MONEY LAUNDERING ACT, 2002
XVII. RELEVANT SECTIONS OF COMPANIES ACT, 2013
XVIII. RELEVANT EXTRACTS FROM FINANCE ACT, 2016
XIX. RELEVANT EXTRACTS FROM FINANCE ACT, 2021
XX. RELEVANT SECTIONS OF INDIAN TRUSTS ACT, 1882
9789356037175
346.066 / GUP
A Practical Guide to the Prohibition of Benami Property Transactions Act, 1988 / by Sunil Kumar Gupta and Pawan Singh Tomar - 3th ed. - New Delhi: Commercial law Publishers india pvt Ltd, 2024. - 417p.; 24cm.
Introduction
BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY} ORDINANCE, 1988
BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988
THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988
AMENDMENT BY THE FINANCE ACT, 2021
FREQUENTLY ASKED QUESTIONS (FAQS)
Chapter 1 Preliminary
SECTION 2 – DEFINITIONS
FREQUENTLY ASKED QUESTIONS
Chapter 2 Prohibition of Benami Transactions
SECTION 3 – PROHIBITION OF BENAMI TRANSACTIONS
SECTION 4. PROHIBITION OF THE RIGHT TO RECOVER PROPERTY HELD BENAMI
[SECTION 5- PROPERTY HELD BENAMI LIABLE TO CONFISCATION
[6. PROHIBITION ON RE-TRANSFER OF PROPERTY BY BENAMIDAR
RELEVANT CASE LAWS
FREQUENTLY ASKED QUESTIONS
Chapter 3 Authorities
SECTION 7. ADJUDICATING AUTHORITY
SECTION 8 to SECTION 17
SECTION 18. AUTHORITIES AND JURISDICTION
SECTION 19. POWERS OF THE AUTHORITIES
SECTION 20. CERTAIN OFFICERS TO ASSIST IN INQUIRY, ETC.
SECTION 21. POWER TO CALL FOR INFORMATION
SECTION 22. POWER OF AUTHORITY TO IMPOUND DOCUMENTS
SECTION 23. POWER OF AUTHORITY TO CONDUCT ENQUIRY, ETC.
FREQUENTLY ASKED QUESTIONS {FAQS)
Chapter 4 Attachment, Adjudication and Confiscation
SECTION 24. NOTICE AND ATTACHMENT OF PROPERTY
INVOLVED IN BENAMI TRANSACTION
SECTION 25. MANNER OF SERVICE OF NOTICE
SECTION 26. ADJUDICATION OF BENAMI PROPERTY
SECTION 27. CONFISCATION AND VESTING OF BENAMI PROPERTY
SECTION 28. MANAGEMENT OF PROPERTIES CONFISCATED
SECTION 29. POSSESSION OF THE PROPERTY
FREQUENTLY ASKED QUESTIONS {FAQS)
Chapter 5 Appellate Tribunal
SECTION 30. ESTABLISHMENT OF APPELLATE TRIBUNAL
SECTION 31. COMPOSITION, ETC., OF APPELLATE TRIBUNAL
SECTION 32. QUALIFICATIONS FOR APPOINTMENT OF CHAIRPERSON AND MEMBER OF APPELLATE TRIBUNAL
SECTION 33. TERMS AND CONDITIONS OF SERVICES OF CHAIRPERSON AND MEMBERS OF APPELLATE TRIBUNAL
SECTION 34. TERM OF OFFICE OF CHAIRPERSON AND MEMBERS
SECTION 35. REMOVAL OF CHAIRPERSON AND MEMBER FROM OFFICE IN CERTAIN CIRCUMSTANCES
SECTION 36. VACANCIES, ETC., NOT TO INVALIDATE P ROCEEDINGS OF APPELLATE TRIBUNAL
SECTION 37. RESIGNATION AND REMOVAL
SECTION 38. MEMBER TO ACT AS CHAIRPERSON IN CERTAIN CIRCUMSTANCES
SECTION 39. STAFF OF APPELLATE TRIBUNAL
SECTION 40. PROCEDURE AND POWERS OF APPELLATE TRIBUNAL
Section 40(1)–It provides that
SECTION 41. DISTRIBUTION OF BUSINESS AMONGST BENCHES OF APPELLATE TRIBUNAL
SECTION 42. POWER OF CHAIRPERSON OF APPELLATE TRIBUNAL TO TRANSFER CASES
SECTION 43. DECISION TO BE BY MAJORITY
SECTION 44. MEMBERS, ETC., TO BE PUBLIC SERVANTS
SECTION 45. BAR OF JURISDICTION OF CIVIL COURTS
SECTION 46. APPEALS TO APPELLATE TRIBUNAL
SECTION 47. RECTIFICATION OF MISTAKES
SECTION 48. RIGHT TO REPRESENTATION
SECTION 49. APPEAL TO HIGH COURT
FREQUENTLY ASKED QUESTIONS {FAQS)
Chapter 6 Special Courts
SECTION 50. SPECIAL COURTS
SECTION 51. APPLICATION OF CODE OF CRIMINAL PROCEDURE, 1973 TO PROCEEDINGS BEFORE SPECIAL COURT
SECTION 52. APPEAL AND REVISION
FREQUENTLY ASKED QUESTIONS (FAQS)
Chapter 7 Offences and Prosecution
SECTION 53. PENALTY FOR BENAMI TRANSACTION
SECTION 54. PENALTY FOR FALSE INFORMATION
SECTION 55. PREVIOUS SANCTION
FREQUENTLY ASKED QUESTIONS (FAQS)
Chapter 8 Miscellaneous
SECTION 56. REPEAL OF PROVISIONS OF CERTAIN ACTS
SECTION 57. CERTAIN TRANSFERS TO BE NULL AND VOID
SECTION 58. EXEMPTION
SECTION 59. POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS, ETC
SECTION 60. APPLICATION OF OTHER LAWS NOT BARRED
SECTION 61. OFFENCES TO BE NON-COGNIZABLE
SECTION 62. OFFENCES BY COMPANIES
SECTION 63. NOTICE, ETC., NOT TO BE INVALID ON CERTAIN GROUNDS
SECTION 64. PROTECTION OF ACTION TAKEN IN GOOD FAITH
SECTION 65. TRANSFER OF PENDING CASES
SECTION 66. PROCEEDINGS, ETC., AGAINST LEGAL REPRESENTATIVE
SECTION 67. ACT TO HAVE OVERRIDING EFFECT
SECTION 68. POWER TO MAKE RULES
SECTION 69. LAYING OF RULES AND NOTIFICATIONS BEFORE PARLIAMENT 264
SECTION 70. POWER TO REMOVE DIFFICULTIES
SECTION 71. TRANSITIONAL PROVISION
[SECTION 72]. REPEAL AND SAVING
FREQUENTLY ASKED QUESTIONS {FAQS)
Chapter 9 Comparison 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, 1988
(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, 1988
(C) COMPARISON OF BENAMI ACT, 1988 WITH PREVENTION OF MONEY LAUNDERING ACT, 2002
(D) COMPARISON OF AMENDED BENAMI ACT, 1988 WITH INCOME TAX ACT, 1961 286
(E) SUGGESTIONS
Chapter 10 Appendices
I. THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988
II. THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 (45 OF 1988)
III. THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016
IV. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 (45 OF 1988)
V. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS RULES, 2016
VI. NOTIFICATIONS ISSUED UNDER THE ACT
VII. SCHEDULE
VIII. RELEVANT SECTIONS OF CODE OF CRIMINAL PROCEDURE, 1973
IX. RELEVANT SECTIONS OF INDIAN PENAL CODE, 1860
RELEVANT SECTIONS OF CODE OF CIVIL PROCEDURE, 1908
XI. RELEVANT SECTIONS OF TRANSFER OF PROPERTY ACT, 1882
XII. RELEVANT SECTIONS OF INDIAN EVIDENCE ACT, 1872
XIII. RELEVANT SECTIONS OF INDIAN SUCCESSION ACT, 1925
XIV. RELEVANT SECTIONS OF INDIAN PARTNERSHIP ACT, 1932
XV. RELEVANT SECTIONS OF THE INCOME-TAX ACT, 1961
XVI. RELEVANT SECTIONS OF PREVENTION OF MONEY LAUNDERING ACT, 2002
XVII. RELEVANT SECTIONS OF COMPANIES ACT, 2013
XVIII. RELEVANT EXTRACTS FROM FINANCE ACT, 2016
XIX. RELEVANT EXTRACTS FROM FINANCE ACT, 2021
XX. RELEVANT SECTIONS OF INDIAN TRUSTS ACT, 1882
9789356037175
346.066 / GUP