NDLI: Serious Fraud Investigation Office Vs. Rahul Modi and Anr. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	SFIO (2) and (3) on completion of the investigation” Companies Act “investigation report” ss. 212(1) release of accused after 3 months not justified 2013 no time limit prescribed by statute
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Companies Act, 2013 (18 of 2013)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Companies Act, 2013 – ss. 212(1), (2) and (3) – Investigation into affairs of Company by Serious Fraud Investigation Office – Period within which report is contemplated to be submitted to the Central Government under sub-section (3), mandatory or directory – On facts, SIFO directed to investigate into the affairs of certain entities and furnish the report within the period of three months – However, petitioners arrested by SIFO after the expiry of the specified period for investigation u/s. 213(2) – Writ petition by petitioners seeking declaration that investigation carried out after the specified period was illegal and prayed for writ of habeas corpus directing release from illegal arrest – Thereafter, the petitioners released on bail – On appeal, held: Under sub-Section (3) where the investigation is so assigned by the Central Government to SFIO, the investigation must be conducted in the manner and in accordance with the procedure provided in the Chapter and a report has to be submitted to the Central Government within such period as may be specified – Section 212(3) by itself does not lay down any fixed period within which the report has to be submitted – Even under sub-Section (12) which is regarding “investigation report”, there is no stipulation of any period – Such a report is to be submitted “on completion of the investigation” – Statute has not prescribed any period for completion of investigation – in view thereof, prescription of period within which a report is to be submitted by SFIO u/s. 212(3) is not for completion of period of investigation and on the expiry of that period the mandate in favour of SFIO does not come to an end – Prescription of period within which a report has to be submitted to the Central Government u/s.212(3) is purely directory – Thus, it cannot be said that the mandate came to an end on expiry of three months and the arrest effected thereafter, was in any way illegal or unauthorised by law – Arrest was effected when the period had expired but by the time the High Court entertained the petition and passed the order, the orders of remand were passed by the Judicial Magistrate as well as the Special Court, Gurugram as also order of extension was passed by the Central Government – Thus, the High Court was not justified in directing release of the accused – Order passed by the High Court is set aside. Interpretation of statutes: Provisions, when mandatory or directory – Held: While laying down a particular procedure if no negative or adverse consequences are contemplated for nonadherence, relevant provision is normally not taken to be mandatory and is considered to be purely directory - Provision to be seen in the context in which it occurs in the Statute.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 408
Petitioner	Serious Fraud Investigation Office
Respondent	Rahul Modi And Anr. Etc.
SCR	[2019] 5 S.C.R. 91
Judgement Date	2019-03-27
Case Number	538

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Serious Fraud Investigation Office Vs. Rahul Modi and Anr. Etc.

Please Log-in to view this content

Serious Fraud Investigation Office Vs. Rahul Modi & Ors.

Serious Fraud Investigation Office and Others Vs. Sahara Housing Investment Corporation Limited and Others

Vijendra Vs. State of Uttar Pradesh

Smt. Chandrakantaben Etc. Vs. Vadilal Bapalal Modi & Others.

Saurav Das Vs. Union of India & Ors.

Life Insurance Corporation of India, Etc. Vs. Escorts Ltd. & Others, Etc .

Allarakha Habib Memon Etc. Vs. State of Gujarat

Naim Ahamed Vs. State (nct of Delhi)

State of Punjab and Others Vs. Dhanjit Singh Sandhu

Serious Fraud Investigation Office Vs. Rahul Modi and Anr. Etc.

Serious Fraud Investigation Office Vs. Rahul Modi and Anr. Etc.

Please Log-in to view this content

Similar Documents

Serious Fraud Investigation Office Vs. Rahul Modi & Ors.

Serious Fraud Investigation Office and Others Vs. Sahara Housing Investment Corporation Limited and Others

Vijendra Vs. State of Uttar Pradesh

Smt. Chandrakantaben Etc. Vs. Vadilal Bapalal Modi & Others.

Saurav Das Vs. Union of India & Ors.

Life Insurance Corporation of India, Etc. Vs. Escorts Ltd. & Others, Etc .

Allarakha Habib Memon Etc. Vs. State of Gujarat

Naim Ahamed Vs. State (nct of Delhi)

State of Punjab and Others Vs. Dhanjit Singh Sandhu

Serious Fraud Investigation Office Vs. Rahul Modi and Anr. Etc.