Supreme Court · 2021 INSC 297 · Decided 21 May 2021
Lalit Kumar Jain v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 297 · [2021] 3 S.C.R. 1075
- Case number
- TRANSFER PETITION (CIVIL) No. 245/2020
- Decided
- 21 May 2021
- Bench
- L. NAGESWARA RAO, S. RAVINDRA BHAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- IBC Section 1(3), 2(e), 5(22), 60, 179, 234, 235, 238
Headnote
Insolvency and Bankruptcy Code, 2016 - ss.1(3), 2(e), 5(22), 60, 179, 234, 235, 238 and 243 - Vires and validity of notification dated 15.11.2019 issued by the Central Government - Whether the impugned notification was an exercise of excessive delegation; and inasmuch as it so far as they related to personal guarantors to corporate debtors, it was therefore, ultra vires - Held: The impugned notification was not an instance of legislative exercise, nor amounted to impermissible and selective application of provisions of the Code - No compulsion in the
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