Section 238 of ibc 2016
Webthe non-obstante clause in Section 238 of the Code. It, therefore, held that the Parliamentary statute would prevail over the State statute and this being so, it is obvious that the … 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.
Section 238 of ibc 2016
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Web19 Sep 2024 · “Given Section 238 of the Insolvency and Bankruptcy Code, 2016, it is obvious that the code will override anything inconsistent contained in any other enactment, including income tax,” the SC... Web9 Oct 2024 · Section 238 of IBC, 2016: The provisions of this Code shall have an effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having an effect by virtue of any such law. The above section 238 of IBC says that the provisions of IBC override the provisions of any other law.
Web19 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 ... Web26 Jun 2024 · B. PROVISIONS RELATING TO OPERATIONAL CREDITOR UNDER THE IBC, 2016: AS PER SECTION 238 The provisions of this Code shall have effect, …
Web23 Jul 2024 · 4. Kuntal Construction Pvt. Ltd. vs. Bharat Hotels Ltd.: Section 61 of the Insolvency and Bankruptcy Code, 2016 provides for appeals from the National Company Law Tribunal (NCLT) to the National Company Law Appellate Tribunal (NCLAT). Similarly, Section 62 of IBC provides that an appeal from the order of the National Company Law Appellate … WebSince, no independent definition has been given in IBC,2016 for these terms, hence section 238 of IBC cannot be applied. Also the recovery of the debt is not the purpose of IBC, hence, any ...
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 …
Web11 Feb 2024 · Section 238 of the IBC specifies that the legislation shall be in addition to, and not in derogation of the provisions of any other law currently in force. To comprehend the … cheap flights from dallas to fuzhouWeb1 Jul 2024 · Section 235 of IBC – Insolvency and Bankruptcy Code, 2016 : Letter of request to a country outside India in certain cases on July 1, 2024 February 24, 2024 by IBC Laws … cvs pharmacy parkesburg pa phone numberWebSection 238 gave an overriding nature to the Code only when an inconsistency existed between the Code and another law. It was contended by the Appellant-Corporate Debtor … cheap flights from dallas to harlingen txWeb3 Apr 2024 · IBC Section 238-Provisions of this Code to override other laws. Effective from 01.12.2016 and font in blue is effective from 06.06.2024 The provisions of this Code shall … cvs pharmacy park row arlington txWeb9 May 2024 · Parul is a Final year Law student. She is dedicated and versatile student pursuing Bachelor's in Law from Jamnalal Bajaj School … cheap flights from dallas to israelWebThe Insolvency and Bankruptcy Code, 2016. Long Title: An Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, … cvs pharmacy park road worthingtonWeb2 Sep 2024 · While there are catena of pronouncements on section 238 and the overriding effect of IBC over other laws, by way of this judgment, the Supreme Court does not only further the jurisprudence available, but also clarifies the interpretation in … cvs pharmacy park rd worthington oh