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Insolvency and BankruptcyDecember 20, 2023Case LawsHC
Allegation of Corruption against RP/IRP - public servant or not - In the opinion of this Court, the Constitutional Courts would be loath in reaching such drastic conclusion, that too by process of judicial interpretation. - The omission to not include the IP within Section 232 is willful and deliberate and therefore, it cannot be a case of casus omissus. - an Insolvency Professional does not fall within the meaning of “public servant” as ascribed in any of the clauses of sub-section (c) of section 2 of the Prevention of Corruption Act, 1988. - HC
Allegation of Corruption against RP/IRP - public servant or not - In the opinion of this Court, the Constitutional Courts would be loath in reaching such drastic conclusion, that too by process of judicial interpretation. - The omission to not include the IP within Section 232 is willful and deliberate and therefore, it cannot be a case of casus omissus. - an Insolvency Professional does not fall within the meaning of “public servant” as ascribed in any of the clauses of sub-section (c) of section 2 of the Prevention of Corruption Act, 1988. - HC
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