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may 2023

Supreme Court of India · 2023-05-03

UNION OF INDIA vs DELOITTE HASKINS AND SELLS LLP

Citation / case number
SC 2020/11564
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
DELOITTE HASKINS AND SELLS LLP
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court examined the constitutional validity of Section 140(5) of the Companies Act, 2013, and the scope of investigation reports under this provision. The Court analyzed whether the High Court's decision to uphold the validity while setting aside certain directions and prosecution was justified. The judgment clarifies the procedural and substantive aspects of investigations under the Companies Act and the role of the SFIO. Ultimately, the Court's decision impacts the powers of investigation agencies and the procedural safeguards available to companies under the Act.

UNION OF INDIA vs DELOITTE HASKINS AND SELLS LLP · Niyam