Supreme Court · 2024 INSC 319 · Decided 19 April 2024

Insolvency and Bankruptcy Board of India v. Satyanarayan Bankatlal Malu & ORS.

Court
Supreme Court of India
Citation
2024 INSC 319 · [2024] 5 S.C.R. 1
Case number
CRIMINAL APPEAL No. 3851/2023
Decided
19 April 2024
Bench
BHUSHAN RAMKRISHNA GAVAI, SANDEEP MEHTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
Companies Act Section 435; IBC Section 236, 73(a), 235A

Headnote

Special Court under the Insolvency and Bankruptcy Code, 2016 would be as provided u/s. 435 of the Companies Act as it existed at the time when the Code came into effect, or it would be as provided u/s.435 after the 2018 Amendment; and the reference under Chapter XXVIII of the Companies Act, 2013' in s. 236(1) is 'legislation by incorporation' or 'legislation by reference'. Insolvency and Bankruptcy Code, 2016 - ss.236, 73(a) and 235A - Trial of offences by Special Court -

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