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Supreme Court of India

Lalit Kumar Jain v. Union of India & Ors.

Neutral citation
Reported as [2021] 3 S.C.R. 1075
Bench L. Nageswara Rao and S. Ravindra Bhat JJ.
Decided 21 May 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, it is held that the imp ugned notification is legal and valid.

Judgment, page 95

From the headnote

Insolvency and Bankruptcy Code, 2016 – ss.1(3), 2(e), 5(22) , 60, 179, 234, 235, 238 and 243 – Vires and validity of notificati on dated 15.11.2019 issued by the Central Government – Whether t he impugned notification was an exercise of excessive dele gation; and inasmuch as it notified various provisions of the Co de only in so far as they related to personal guarantors to corporate d ebtors, it was therefore, ultra vires – Held: The impugned notification was not an instance of legislative exercise, nor amounted to i mpermissible and selective application of provisions of the Code – No c

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 referred to

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