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With reference to the 'Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)', consider the following statements: 1. A property transaction is not treated as a Benami transaction if the owner of the property is not aware of the transaction. 2. Properties held Benami are liable for confiscation by the Government. 3. The Act provides for three authorities for investigations but does not provide for any appellate mechanism. Which of the statements given above is/are correct?

With reference to the 'Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)', consider the following statements: 1. A property transaction is not treated as a Benami transaction if the owner of the property is not aware of the transaction. 2. Properties held Benami are liable for confiscation by the Government. 3. The Act provides for three authorities for investigations but does not provide for any appellate mechanism. Which of the statements given above is/are correct? Correct Answer 2 only

The correct answer is 2 only

  • A property transaction is treated as a Benami transaction even if the owner of the property is not aware of the transaction as the basic principle in the Indian legal framework is  “Ignorance of the law can never be an excuse for the violation of law”. So statement 1 is incorrect. 
  • Properties held by Benami are liable for confiscation by the Government.
  • And also liable for confiscation by the Government without the payment of compensation. So statement 2 is correct.
  • An appellate mechanism has been provided in the form of Adjudicating Authority and Appellate Tribunal. So statement 3 is incorrect.
  • Persons in Benami transactions may face up to 7 years’ imprisonment and fine.

Related Questions

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1. Mandamus is available not only against judicial authorities but also against administrative authorities.
2. The writ of prohibition as well as certiorari are issued only against judicial or quasi-judicial authorities.
Which of the statements given above is/are correct?
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Under which of the following situations, the appellate tribunal can rectify the mistake in the order passed by it Under Section 254 (2) of Income Tax Act?
1. If subsequent decision of the Supreme Court/High Court is available on the subject after the appellate tribunal's order.
2. If an assessee apply for rectification of the tribunal's order by raising fresh grounds before the tribunal.
3. If the omission or mistake is on the part of appellate tribunal.
4. If the order is passed by the appellate tribunal under an erroneous impression of fact or law.
Select the correct answer:
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Under the Information Technology Act:
1. Intermediary is not liable for any third party information if its function is limited to providing access to a communication system.
2. Intermediary is not liable if it does not initiate the transmission, does not select receiver and does not select information.
3. Intermediary is not liable if he aids or induces the third party to commit unlawful act.
Which of the statements given above is/are correct?
Which of the following statements is/are correct?
1. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Appellate Tribunal
2. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Cyber Appellate Tribunal
3. The appeal under the Information Technology Act, 20000, can be filed before the Telecom Disputes Settlement and Appellate Tribunal established under the Telecom Regulatory Authority of India Act, 1997
Select the correct answer using the given below:
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Consider the following statements:
In case of joint publication of defamatory statement:
1. A corporation is liable for the malice of its agent.
2. The proprietor of a newspaper is liable for the malice of the editor.
3. A lawyer is liable for the malice in the notice issued under the instructions of his client.
4. The employer is liable for the malice of a typist who types a defamatory letter as dictated by his employer.
Which of the statements given above are correct?
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Which of the following statements is/are correct?
1. Under the Information Technology Act, 2000, the appellant can make a legal representation in person.
2. The appellant can authorize one or more legal practitioners to present his case before the Cyber Appellate Tribunal.
3. The provisions of the Limitation Act, 1963 are not applicable to an appeal before the Cyber Appellate Tribunal.
4. The Cyber Appellate Tribunal is bound by the procedure laid down by the Code of Civil Procedure, 1908.
Select the correct answer using the give below:-