UNION OF INDIA & ANR versus M/S GANPATI DEALCOM PVT. LTD.

UNION OF INDIA & ANR versus M/S GANPATI DEALCOM PVT. LTD.

The Court held that it is impermissible to adjudicate the constitutional validity of a statutory provision in the absence of a lis and contest between the parties; accordingly the prior judgment declaring unamended provisions of the Prohibition of Benami Property Transactions Act, 1988 unconstitutional is recalled and the appeal is restored for fresh adjudication.

Parties
Petitioner: Union of India & Anr.; Respondent: M/s Ganpati Dealcom Pvt. Ltd.
Jurisdiction
India
Judgment Date
18 October 2024
Procedural Posture
Review Petition (civil) / Review Allowed; Judgment Dated 23 August 2022 Recalled and Civil Appeal No. 5783 of 2022 Restored to File for Fresh Adjudication
Outcome
Review Petition (Civil) No. 359 of 2023 allowed; judgment dated 23 August 2022 recalled; Civil Appeal No. 5783 of 2022 restored to file for fresh adjudication.
Legal Topics
Constitutional Validity, Recall of Judgment, Without Lis/without Contest, Benami Transactions Act
Constitutional Law Judicial Review Civil Procedure Constitutional Validity Recall of Judgment Without Lis/without Contest Benami Transactions Act

Case Brief

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Parties

Union of India & Anr.

Petitioner

M/s Ganpati Dealcom Pvt. Ltd.

Respondent

Procedural Posture

Review Petition (civil) / Review Allowed; Judgment Dated 23 August 2022 Recalled and Civil Appeal No. 5783 of 2022 Restored to File for Fresh Adjudication

Legal Issues

  1. 1 Whether a challenge to the constitutional validity of a statutory provision can be adjudicated upon in the absence of a lis and contest between the parties
  2. 2 Whether recall of judgment is permissible where a judgment adjudicated the constitutional validity of a statutory provision without a lis and contest between the parties

Ratio Decidendi

The Court held that it is impermissible to adjudicate the constitutional validity of a statutory provision in the absence of a lis and contest between the parties; accordingly the prior judgment declaring unamended provisions of the Prohibition of Benami Property Transactions Act, 1988 unconstitutional is recalled and the appeal is restored for fresh adjudication.

Court Disposition

Review Petition (Civil) No. 359 of 2023 allowed; judgment dated 23 August 2022 recalled; Civil Appeal No. 5783 of 2022 restored to file for fresh adjudication.

Orders

  • The judgment dated 23 August 2022 is recalled.
  • Civil Appeal No. 5783 of 2022 is restored to file for fresh adjudication before a Bench to be nominated by the Chief Justice of India on the administrative side.