Tag Archives: NCLT

Transfer of certain pending proceedings to NCLT

By | June 18, 2016

Section – 434 of Companies Act, 2013 Sub-sections (1)(a) and (b) of section 434 enforced w.e.f 1-6-2016 vide NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], DATED 1-6-2016. Transfer of certain pending proceedings. 434. (1) On such date as may be notified by the Central Government in this behalf,— (a) all matters, proceedings or cases pending before the Board… Read More »

Civil Court has no jurisdiction in the matter of NCLT and NCLAT

By | June 18, 2016

Section – 430 of Companies Act, 2013 Enforced w.e.f 1-6-2016  ,NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], Civil court not to have jurisdiction. 430. No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or… Read More »

NCLT power to punish for contempt.

By | June 18, 2016

Section – 425 of Companies Act, 2013 w.e.f 1-6-2016 ,NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], Power to punish for contempt. 425. The Tribunal and the Appellate Tribunal shall have the same jurisdiction, powers and authority in respect of contempt of themselves as the High Court has and may exercise, for this purpose, the powers under the provisions… Read More »

NCLT and NCLAT to dispose of Appeal within 3 months !

By | June 18, 2016

Section  422 of Companies Act, 2013 Expeditious disposal by Tribunal and Appellate Tribunal. Enforced w.e.f 1-6-2016 NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], 422. (1) Every application or petition presented before the Tribunal and every appeal filed before the Appellate Tribunal shall be dealt with and disposed of by it as expeditiously as possible and every endeavour shall… Read More »

Appeal against Orders of NCLT -National Company Law Tribunal

By | June 18, 2016

Section 421 of Companies Act, 2013 w.e.f 1-6-2016 NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV] 421. (1) Any person aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal. (2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent of parties. (3) Every appeal… Read More »

Power of NCLT regarding Orders u/s 420 of CA Act 2013

By | June 18, 2016

Section – 420 of Companies Act 2013 Enforced w.e.f 1-6-2016. NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV],  Orders of Tribunal. 420. (1) The Tribunal may, after giving the parties to any proceeding before it, a reasonable opportunity of being heard, pass such orders thereon as it thinks fit. (2) The Tribunal may, at any time within two years… Read More »

How members of NCLT can be removed ?

By | June 18, 2016

Section – 417 of Companies Act, 2013 Removal of Members. 417. (1) The Central Government may, after consultation with the Chief Justice of India, remove from office the President, Chairperson or any Member, who— (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central… Read More »

Section 414 of Companies Act, 2013-Salary of members of NCLT

By | June 18, 2016

Section – 414 of Companies Act, 2013 Enforced with effect from 12-9-2013. Salary, allowances and other terms and conditions of service of Members. 414. The salary, allowances and other terms and conditions of service of the Members of the Tribunal and the Appellate Tribunal shall be such as may be prescribed Provided that neither the… Read More »

Section 413 of Companies Act 2013-Terms of office of President ,chairperson and other Members

By | June 18, 2016

Section  413 of Companies Act 2013 Term of office of President, chairperson and other Members. 413. (1) The President and every other Member of the Tribunal shall hold office as such for a term of five years from the date on which he enters upon his office, but shall be eligible for re-appointment for another… Read More »

Who can be the Members of NCLT -National Company Law Tribunal

By | June 18, 2016

Section – 409 of Companies Act, 2013 Enforced with effect from 12-9-2013. Qualification of President and Members of Tribunal. 409. (1) The President shall be a person who is or has been a Judge of a High Court for five years. (2) A person shall not be qualified for appointment as a Judicial Member unless… Read More »

Who can appear in NCLT -National Company Law Tribunal ?

By | June 18, 2016

Section – 432 of Companies Act, 2013 Notified w.e.f 01.6.2016 as per NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV],  Right to legal representation 432. A party to any proceeding or appeal before the Tribunal or the Appellate Tribunal, as the case may be, may either appear in person or authorise one or more chartered accountants or company… Read More »

Company Law Board Dissolved , National Company Law Tribunal ,NCLAT constituted

By | June 2, 2016

Ministry of Corporate Affairs issues notification for constitution of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT); Hon’ble Justice S.J. Mukhopadhaya, Judge (Retd.), Supreme Court of India joins as the Chairperson of the NCLAT while Hon’ble Justice M.M. Kumar, Judge (Retd.) joins as the President of the NCLT. The Ministry… Read More »