CourtMesh

Section 46: Appeals to Appellate Tribunal.

The Prohibition of Benami Property Transactions Act, 1988Central Act · Act 45 of 1988

(1) Any person, including the Initiating Officer, aggrieved by an order of the Adjudicating Authority may prefer an appeal in such form and along with such fees, as may be prescribed, to the Appellate Tribunal against the order passed by the Adjudicating Authority under sub-section (3) of section 26, within a period of forty-five days from the date [on which such order is received by the Initiating Officer or received by such person.]

[(1A) Any person aggrieved by an order passed by the authority under section 54A may prefer an appeal in such form along with such fees, as may be prescribed, to the Appellate Tribunal against the said order within a period of forty-five days from the date [on which such order is received by such person.]

(2) The Appellate Tribunal may entertain any appeal after the said period of forty-five days, if it is satisfied that the appellant was prevented, by sufficient cause, from filing the appeal in time.

(3) On receipt of an appeal under sub-section (1), [or sub-section (1A)] the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.

(4) An Appellate Tribunal while deciding the appeal shall have the power--

(a) to determine a case finally, where the evidence on record issufficient;

(b) to take additional evidence or to require any evidence to be taken by the Adjudicating Authority, where the Adjudicating Authority has refused to admit evidence, which ought to have been admitted;

(c) to require any document to be produced or any witness to be examined for the purposes of proceeding before it;

(d) to frame issues which appear to the Appellate Tribunal essential for adjudication of the case and refer them to the Adjudicating Authority for determination;

(e) to pass final order and affirm, vary or reverse an order of adjudication passed by the Adjudicating Authority and pass such other order or orders as may be necessary to meet the ends of justice.

(5) The Appellate Tribunal, as far as possible, may hear and finally decide the appeal within a period of one year from the last date of the month in which the appeal isfiled.

Where this provision sits

ActThe Prohibition of Benami Property Transactions Act, 1988
Section46
Marginal noteAppeals to Appellate Tribunal.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 8 of 2023. . Subs. by Act 8 of 2023, s. 171, for "of the order" (w.e.f. 1-4-2023).
  • inserted, Act 23 of 2019. . Ins. by Act 23 of 2019, s. 177 (w.e.f. 1-9-2019).
  • substituted, Act 8 of 2023. . Subs. by Act 8 of 2023, s. 171, for "of that order" (w.e.f. 1-4-2023).
  • substituted, Act 23 of 2019. . Subs. by Act 23 of 2019, s.178, for sub-section (1) (w.e.f. 1-9-2019).

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Prohibition of Benami Property Transactions Act, 1988 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.