https://www.taxtmi.com/caselaws?id=751733 The SC held that Special Courts under the Insolvency and Bankruptcy Code (IBC) are limited to Sessions Judge or Additional Sessions Judge qualifications as existed when the Code was enacted. The Court distinguished between legislation by reference and incorporation, ruling that Section 236(1) of the IBC specifically incorporates Chapter XXVIII of the Companies Act, 2013 as it existed at enactment. Therefore, subsequent 2018 amendments to Section 435 of the Companies Act do not apply to IBC proceedings. The HC judgment was quashed and the appeal was allowed. en-us Fri, 19 Apr 2024 00:00:00 +0530 Wed, 24 Apr 2024 06:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=751733 The SC held that Special Courts under the Insolvency and Bankruptcy Code (IBC) are limited to Sessions Judge or Additional Sessions Judge qualifications as existed when the Code was enacted. The Court distinguished between legislation by reference and incorporation, ruling that Section 236(1) of the IBC specifically incorporates Chapter XXVIII of the Companies Act, 2013 as it existed at enactment. Therefore, subsequent 2018 amendments to Section 435 of the Companies Act do not apply to IBC proceedings. The HC judgment was quashed and the appeal was allowed. Case-Laws Insolvency and Bankruptcy Fri, 19 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=751733