Section 238 of ibc 2016
Web8 May 2024 · Section “238 of IBC provides for its overriding nature on any other law for the time being in force. It will provide immunity from any proceeding in any Law. ... 2016 was amended vide IBC (Amendment) Act, 2024, to make the approved resolution plan binding on the Government Authorities in relation to the statutory dues. It is pursuant to this ... Web15 Feb 2024 · Further, under IBC, 2016 at Section 60 and 179, reference is made to the Limitation Act, 1963, wherein it says that moratorium period is to be excluded while computing period of limitation. ... 2016, though there is a possibility of passing the order by Adjudicating Authority considering section 238 of IBC, 2016. Azra Adenwala February 15, …
Section 238 of ibc 2016
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Web16 Jun 2024 · On the other hand, if it is inconsistent with the provisions of the Code, then S.238 attracts. Section 238 of IBC gives it an overriding effect over other laws for the time … Web19 Oct 2024 · In our opinion, the instant case provided an occasion wherein the application of section 238 of the Code was warranted on account of the timelines provided under the Code. The entire exercise of obtaining the consent of the Central Government, as envisaged by the Tea Act, is a time consuming process, and was therefore unnecessary.
Web16 Mar 2024 · IBC is a complete Code and as per Section 238 of IBC it has overriding effect on other laws: NCLAT By Legal Era Corporation Bank (Appellant) filed an Application … Web1 Jul 2024 · Section 7 of IBC 2016, deals with the provisions of initiation of CIRP by the Financial Creditor against the Corporate Debtor. Section 14 of IBC 2016 deals with the provisions of a moratorium, which means temporary suspension of activity and after the declaration of moratorium by the Adjudicating Authority under Section 14 all the …
WebThe NCLAT ruling would have resulted in increased number of insolvency applications as well as the appeals against them, which is why Section 238A was inserted vide the Insolvency and Bankruptcy Code (Second Amendment) Act, 2024 which came into effect from June 06, 2024. Web20 Sep 2024 · 1 Section 238 of the Code: Provisions of this Code to override other laws.- The provisions of this Code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law." ... 2016 ("IBC") sought to usher in a new era in the Indian ...
Web8 Jan 2024 · Section 238 of IBC [xv] is the overriding provision which states that the provisions of IBC shall have effect notwithstanding anything inconsistent therewith …
Web5 Mar 2024 · There are hundreds of cases that have been filed and closed under Insolvency and Bankruptcy Code, 2016(“IBC”) or are being battled out. There are many lessons that can be learnt from the ... forensic feesWeb1 Jul 2024 · Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016) Dispute and Existence of a Dispute Operational Debt and Operational Creditor Persons who may … forensic fellowshipWebWe analyse how an overreaching applicability of Section 238 of the IBC, 2016 can go against the public policy of India of respecting the sanctity of a contract and party autonomy. We do this by analysing the position of law w.r.t considerations involved in deciding on an application under Section 7 of the IBC, 2016 when countered with an… did twitch have history of mental illnessWeb19 Dec 2024 · Further, as per Section 238 of the IBC, 2016 the provisions of the Code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law. 2. The Insolvency and Bankruptcy Board of India (IBBI) has registered National E-Governance ... did twitch have any brothers or sistersWeb31 Mar 2024 · The SC gave a purposive interpretation to the words ‘as far as may be’ as used in section 238A of IBC, which must be understood in the sense in which they best … did twitch have kidsWeb10 Feb 2024 · In this regard, it is unequivocal and settled law that the IBC is a complete Code and as per Section 238 of IBC it has overriding effect on other laws. Therefore, pending proceedings before other forums, the limitation will not get extended. ... did twitch just crashWeb8 Jan 2024 · Section 238 of IBC [xv] is the overriding provision which states that the provisions of IBC shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Appeals and … forensic feed science