IBC

Benami Act versus IBC: NCLT cannot override sovereign acts under penal statutes

Summary: The Prohibition of Benami Property Transactions Act, 1988, is a special penal statute and actions under it are sovereign actions. The Supreme Court recently settled that where an action is taken under such a penal statute, it being a sovereign action, is excluded from the jurisdiction of civil fora. This blog analyses how the Supreme Court resolves the conflict between two conflicting special legislations operating in different domain.Continue Reading Benami Act versus IBC: NCLT cannot override sovereign acts under penal statutes