Corporate Law : Everyone knows High Court and Supreme Court but few People like CA/CS/Lawyers know NCLT & NCLAT. Lets through light on this to...
Company Law : NCLT, Mumbai Bench dismissed the petition filed by Cyrus Mistry who incidentally owns about 18.3% (including preference capital) o...
Company Law : We all know that The Companies Act, 2013 provides for conversion from one type of a company to another. A Private Company can conv...
Company Law : As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazet...
Company Law : As per section 96 of CA, 2013, every Company (other than OPC) shall hold a general meeting annually (exclusive of any other meetin...
Company Law : Committee on review of penal provisions of Company Act 2013 submits final report to Shri Arun Jaitley. Recommends Restructuring of...
Company Law : The Ministry of Corporate Affairs Government proposes to set up National Company Law Tribunal (NCLT) and National Company Law Appe...
Company Law : The Government has said that it proposes to set up a ‘National Company Law Tribunal’ to consolidate the powers and jurisdictio...
Company Law : The ministry of corporate affairs (MCA) has started a round of consultations with the law ministry on the feasibility of setting u...
Company Law : To set up a Company Law Tribunal without further delay, the Ministry of Corporate Affairs has begun consultations to make the nece...
Corporate Law : Held that a statutory institution like CoC which is in most of the cases represented by public financial institutions is expected ...
Income Tax : From the report there does not appear any request of the Resolution Professional for issuance of the instructions for the purpose ...
Corporate Law : The Tribunal held that in the absence of any power of recall or review being available to the Tribunal, the present case at hand d...
Company Law : Mrs. Nagappan Swarnalatha Vs M/s. Colour Books Associates Private Limited (National Company Law Tribunal) 1) We hereby declared th...
Corporate Law : This is the case, where despite moratorium order, Municipal Authorities have sealed the Corporate Office/Registered Office of the ...
Corporate Law : Filling up of the posts in the National Company Law Appellate Tribunal on deputation basis. The National Company Law Appellate Tri...
Company Law : President, National Company Law Tribunal hereby constitutes the following Benches for the purpose of exercising and discharging th...
Company Law : Central Government hereby constitutes the National Company Law Tribunal, Kochi Bench at Kochi and for the said purpose hereby make...
Income Tax : The undersigned is directed to say that by virtue of implementation of Insolvency & Bankruptcy Code (IBC) 2016 after the repeal of...
Company Law : Board has decided that request/appeal for restoration of name of the 'struck off' company with retrospective date from the date of...
The ministry of corporate affairs (MCA) has started a round of consultations with the law ministry on the feasibility of setting up a National Company Law Tribunal (NCLT) in the next one year.
The Supreme Court’s Order Last Week on the constitution of the National Company Law Tribunal brings two important factors to the fore. One, Parliament has the power to create tribunals for quick dispensation of justice, and it can transfer judicial functions traditionally performed by courts to tribunals, where the Constitution allows.
Everybody knows that the legislature has proposed to constitute a special tribunal to deal with the issues under the Companies Act, 1956 through Companies (Second Amendment) Act, 2002. The constitution of National Company Law Tribunal and Appellate Tribunal is challenged by the Madras Bar before the High Court of Madras. Justice Jayasimha Babu of Madras High Court has passed a considered and laudable judgment while disposing of the Writ Petition filed by the Madras Bar challenging Companies (Second Amendment) Act, 2002.
To set up a Company Law Tribunal without further delay, the Ministry of Corporate Affairs has begun consultations to make the necessary amendments in the Companies Act. The move comes in the backdrop of the Supreme Court judgment recommending changes in the existing Act to accommodate the tribunal within the constitutional framework.
The Challenge to the NCLT & NCALT: The five-judge Constitution Bench of the Supreme Court of India Justice KG Balakrishnan, Justice RV Raveendran, Justice DK Jain, Justice P Sathasivam and Justice JM Panchal has delivered its judgment on the legality of the constitution of National Company Law Tribunal and National Company Law Appellate Tribunal under the Companies Act, 1956 through Companies (Second Amendment) Act, 2002.
UOI vs. R. Gandhi (Supreme Court – 5 Judges). Parliament is competent to constitute Tribunals for special Acts. However, the failure to ensure independence of judiciary and separation of judicial and executive power renders the Company Law Tribunal unconstitutional. Suggestions given on how to remedy the defects.
In a landmark judgment, a five-judge constitution bench of the Supreme Court on Tuesday upheld the legality of the Companies (Second Amendment) Act, 2002, providing for the establishment of the National Company Law Tribunal and National Company Law Appellate Tribunal to deal exclusively with the company cases for their speedy disposal.
The five-judge Constitution Bench ruled that the National Company Law Tribunal can be set up only after amending the law. But, it did not decide on the fate of the National Tax Tribunal, another important body envisaged as a fast-track alternative disputes resolution mechanism.
A five-judge Constitution bench of the Supreme Court will deliver on Tuesday a much-awaited judgment on the formation of the National Company Law Tribunal (NCLT). The decision is unanimous and it comes six years after the court admitted the appeal.
We all know about the dispute resolution mechanism under the provisions of Companies Act, 1956. Till 2002 amendments to the Companies Act, 1956, significantly, the dispute resolution mechanism was vested with the Company Court and the Company Law Board. Company Court is nothing but High Court having jurisdiction to entertain certain company matters like winding-up and amalgamation petitions etc.
