Karnataka High Court Introduces New Case Category For Appeal Against Order Under Prohibition Of Benami Property Act
The Karnataka High Court has issued a circular introducing a new nomenclature for appeals filed under the Prohibition of Benami Property Transactions Act, 1988.
The Chief Justice has directed in the July 27 Circular that appeals filed under Section 49 of the Prohibition of Benami Property Transactions Act, 1988, against orders of the Appellate Tribunal shall be listed before the respective Division Bench having roster of MSA matters.
As per the circular, any such appeal shall be given the nomenclature:
'Miscellaneous Second Appeal - Prohibition of Benami Property Transaction Act" with the abbreviation (MSA – PBTA)'
The officers and officials working at the Scrutiny Branches and Pending Branches of the Principal Bench at Bengaluru, Dharwad Bench and Kalaburagi Bench have been instructed to ensure that:
- Cases filed under the provision referred above are to be listed before the respective Division Bench having roster of MSA
- The nomenclature shall be 'Miscellaneous Second Appeal - Prohibition of Benami Property Transaction Ac' (MSA – PBTA)
The Prohibition of Benami Property Transactions Act, 1988 (amended in 2016) is a legislation prohibiting benami transactions where property is held by one person, but the consideration is provided by another. The Act provides for the confiscation of benami properties.
Section 49 of the Act provides for appeals against orders passed by the Appellate Tribunal to the High Court.