Company Law : The case examined whether extending redemption timelines amounts to reissuance. The Tribunal held that extensions within statutory...
Corporate Law : This analysis explains how NCLT continues to respect CoC commercial wisdom but now intervenes when procedures, legality, or fairne...
Corporate Law : RTI inquiry into NCLT/NCLAT reveals member vacancies, lack of consolidated case data, and opaque appointments, highlighting need f...
Corporate Law : The NCLT has ruled that banks can classify accounts as fraudulent during IBC proceedings, clarifying that a moratorium does not sh...
Corporate Law : NCLT rules that the IBC's moratorium applies to all proceedings against a corporate debtor, including quasi-judicial and assessmen...
Company Law : ICSI raised concerns over delays in NCLT hearings affecting corporate restructuring and insolvency matters. It emphasized the need...
Company Law : ICSI has urged the government to set up an NCLT Bench in Pune citing 30,600 pending cases and prolonged insolvency timelines. The ...
Company Law : With insolvency cases taking up to 853 days against the 330-day mandate, concerns over NCLT backlog have intensified. A new bench ...
Corporate Law : From 2022-23 to 2024-25, appeals filed at NCLAT rose steadily, with IBC cases forming the majority, reflecting active engagement i...
Corporate Law : Supreme Court ruled that CoC and RP can surrender financially burdensome assets voluntarily, clarifying moratorium under section 1...
Corporate Law : The tribunal permitted substitution of original petitioners with a new shareholder after transfer of shares. The key takeaway is t...
Corporate Law : NCLT Mumbai held that application under section 9 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Res...
Corporate Law : The Tribunal held that default under the loan agreement existed independently of the arbitral award challenge. It ruled that absen...
Corporate Law : The Tribunal held that allowing retention of the amount would amount to preferential recovery. It directed refund to the insolvenc...
Corporate Law : The case examined default arising from a loan backed by corporate guarantee. The Tribunal found that non-payment triggered insolve...
Corporate Law : Details of Judicial and Technical Members assigned to NCLT benches across India as per the latest order issued by the Ministry of ...
Corporate Law : Read about the case involving Chetan Patel, an Insolvency Professional, with detailed analysis of alleged contraventions and submi...
Corporate Law : IBBI Disciplinary Committee suspends Sanjay Singh, an Insolvency Professional, for irregularities in the e-auction process. Detail...
Company Law : Explore the order dated 03.02.2024 from NCLT Chandigarh transferring all pending cases from Bench 2 to Bench 1. Detailed analysis ...
Corporate Law : Filling up of 05 (Five) posts of Judicial Member and 05 (Five) posts of Technical Members in the National Company Law Tribunal (NC...
Caveat petition is a precautionary measure which is undertaken by people usually when they are having very strong apprehension that some case is going to be filed in the court regarding their interest in any manner.
The Ministry vide notification no. G.S.R. 2843(E), dated 01.09.2016 has notified certain designated Special Courts with the concurrence of the Chief Justice of the High Courts of Chhattisgarh, Rajasthan, Punjab and Haryana, Madras and Manipur, for providing speedy trial of offences punishable with imprisonment of two years or more under the Companies Act, 2013.
MCA vide its Notification dated 9th September, 2016,has enforced few more sections of the Companies Act, 2013. It is pertinent to note here that considering the MCA Notification dated 1st June, 2016[2], it seems that the current Notification has been brought in order to plug the missing gaps left after the June Notification.
Central Government hereby appoints following persons as Judicial and Technical Members in the National Company Law Tribunal in the pay scale of Rs. 67000-79000/- with effect from the dates mentioned against each for a period of five years or till he attains the age of sixty five years, whichever is earlier:-
1. Short title and commencement.- (1) These rules may be called the National Company Law Tribunal Rules, 2016. (2)They shall come into force on the date of their publication in the Official Gazette.
1. Short title and commencement.- (1) These rules may be called the National Company Law Appellate Tribunal Rules, 2016. (2)They shall come into force on the date of their publication in the Official Gazette.
In exercise of the powers conferred by Section 419 of the Companies Act, 2013 the President, National Company Law Tribunal hereby constitutes the following Benches for the purpose of exercising and discharging the Tribunal’s powers and functions.
Consequent to the notification no. S.O. 1935 (E) dated 1.6.2016 issued by the Central Government, Ministry of Company Affairs following criteria has been laid down for listing of the matters before the National Company Law Tribunal, Principal Bench and National Company Law Tribunal, New Delhi Bench.
The Tribunal shall consist of a President and such number of Judicial and Technical Members as may be required. The Principal Bench shall be located at New Delhi which shall be presided over by the President. The powers of the Tribunal shall be exercised by Benches (which shall be notified by the Central Government) consisting of two members, one being the Judicial Member and the other a Technical Member.
Analysis of Notifications dated 01.06.2016 related to Companies Act, 2013 in respect of National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) Which Come Into Force w.e.f. 01st June, 2016
