Mechanical approval under search assessment law vitiates assessments when sanction lacks application of mind; retrospective curative provision cannot ...
Foreign portfolio investment liberalisation extends listed equity access to all individual persons resident outside India, subject to limit monitoring...
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The Madhya Pradesh High Court examined the scope of judicial review u/s 212(1)(c) of the Companies Act, 2013 regarding the Central Government's sanction for an investigation by the SFIO. The court held that SFIO investigation on transactions already addressed u/s 66 of the IBC would amount to double jeopardy. It emphasized the necessity of public interest for such investigations and found no such element in this case. The court noted that the company's functions were halted due to CIRP and pending liquidation, indicating no public interest or prima facie case for the investigation. The court ruled the sanction as arbitrary, illegal, and lacking a reasoned order, thus setting it aside and quashing any actions taken based on it.
The Madhya Pradesh High Court examined the scope of judicial review u/s 212(1)(c) of the Companies Act, 2013 regarding the Central Government's sanction for an investigation by the SFIO. The court held that SFIO investigation on transactions already addressed u/s 66 of the IBC would amount to double jeopardy. It emphasized the necessity of public interest for such investigations and found no such element in this case. The court noted that the company's functions were halted due to CIRP and pending liquidation, indicating no public interest or prima facie case for the investigation. The court ruled the sanction as arbitrary, illegal, and lacking a reasoned order, thus setting it aside and quashing any actions taken based on it.
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