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.