Daily Archives: June 18, 2016

Key Take aways from Rajswa Gyansangam Conference of CBEC and CBDT

By | June 18, 2016

“Rajswa Gyansangam- Annual Conference of Tax Administrators-2016”concludes; Major Take Aways from two day “Annual Conference of Tax Administrators-2016” include further improvement in Tax Payers Services by use of technology and increased human touch; widening of tax base and faster dispute resolution among others The two day “Rajswa Gyansangam- Annual Conference of Tax Administrators-2016” concluded here… Read More »

Notwithstanding Meaning

By | June 18, 2016

Notwithstanding The expression “notwithstanding” is potent and it could mean only “despite”, “in spite of” and “nevertheless” (see Khaizar Basha v. Indian Airlines Corpn. AIR 1984 Mad. 379). A clause beginning with the expression “notwithstanding anything contained in the Act and in some particular provision in the Act or in some particular Act or in… Read More »

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 »

Section 431of Companies Act 2013 :Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings

By | June 18, 2016

Section – 431, Companies Act, 2013 Enforced with effect from 1-6-2016 ,NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV] Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings. 431. No act or proceeding of the Tribunal or the Appellate Tribunal shall be questioned or shall be invalid merely on the ground of the existence of… 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 »

Power of NCLT to take control property / books of sick company or winding up Company

By | June 18, 2016

Section – 429 of Companies Act, 2013 Enforced w.e.f 1-6-2016 NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], DATED 1-6-2016. Power to seek assistance of Chief Metropolitan Magistrate, etc. 429. (1) The Tribunal may, in any proceeding relating to a sick company or winding up of any other company, in order to take into custody or under its control… Read More »

Protection of action taken in good faith by NCLT members

By | June 18, 2016

Section – 428 of  Companies Act, 2013 Protection of action taken in good faith. 428. No suit, prosecution or other legal proceeding shall lie against the Tribunal, the President, Member, officer or other employee, or against the Appellate Tribunal, the Chairperson, Member, officer or other employees thereof or liquidator or any other person authorised by… Read More »

Section 21 of IPC -public servant

By | June 18, 2016

SECTION 21 OF THE INDIAN PENAL CODE ” Public servant “. 21. The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely:— First – [***] Second – Every Commissioned Officer in the Military, Naval or Air Forces of India; Third – Every Judge including any person empowered by law… Read More »

NCLT members are public servants

By | June 18, 2016

Section – 427, Companies Act, 2013 Enforced with effect from 1-6-2016 vide NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], President, Members, officers, etc., to be public servants. 427. The President, Members, officers and other employees of the Tribunal and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed to be public servants within… Read More »

NCLT Power to Delegate

By | June 18, 2016

Section – 426 of Companies Act, 2013 Enforced with Effect from 1-6-2016 ,NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], Delegation of powers. 426. The Tribunal or the Appellate Tribunal may, by general or special order, direct, subject to such conditions, if any, as may be specified in the order, any of its officers or employees or any… 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 »

Section 123 of Indian Evidence Act 1872 -Evidence as to affairs of State.

By | June 18, 2016

SECTIONS 123 OF THE INDIAN EVIDENCE ACT, 1872 Evidence as to affairs of State. 123. No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such… Read More »

Section 228 of IPC -Intentional insult or interruption to public servant sitting in judicial proceeding

By | June 18, 2016

SECTION 228 OF INDIAN PENAL CODE Intentional insult or interruption to public servant sitting in judicial proceeding 228. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may… Read More »

Section 193 of Indian Penal Code -Punishment for false evidence.

By | June 18, 2016

SECTIONS 193 OF THE INDIAN PENAL CODE Punishment for false evidence. 193. Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend… Read More »

Procedure before NCL Tribunal and Appellate Tribunal

By | June 18, 2016

Section  424 of Companies Act, 2013 Enforced w.e.f 1-6-2016 ,NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV] Procedure before Tribunal and Appellate Tribunal. 424. (1) The Tribunal and the Appellate Tribunal shall not, while disposing of any proceeding before it or, as the case may be, an appeal before it, be bound by the procedure laid down in… Read More »

Appeal against order of NCLAT to Supreme Court

By | June 18, 2016

Section 423 of Companies Act, 2013 Enforced w.e.f 1-6-2016 ,NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], Appeal to Supreme Court 423. Any person aggrieved by any order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of receipt of the order of the Appellate Tribunal to him on any… 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 »

Benches of Tribunal -National Company Law Tribunal

By | June 18, 2016

Section – 419 of Companies Act, 2013 NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], DATED 1-6-2016. Benches of Tribunal. 419. (1) There shall be constituted such number of Benches of the Tribunal, as may, by notification, be specified by the Central Government. (2) The Principal Bench of the Tribunal shall be at New Delhi which shall be… Read More »

Staff of Tribunal and Appellate Tribunal

By | June 18, 2016

Section  418 of Companies Act, 2013 NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV], DATED 1-6-2016. Staff of Tribunal and Appellate Tribunal. 418. (1) The Central Government shall, in consultation with the Tribunal and the Appellate Tribunal, provide the Tribunal and the Appellate Tribunal, as the case may be, with such officers and other employees as may be… Read More »

ICAI FAQ on Responding to Tenders by CA in Practice

By | June 18, 2016

Institute of Chartered Accountants of India Frequently Asked Questions (FAQs) on Responding to Tenders A notification published in Part III Section 4 of the Gazette of India: Extraordinary dated 7th April, 2016 has been issued by the Institute containing the guidelines on responding to tenders which can be viewed at http://www.icai.org/new_post.html?post_id=12547&c_id=219 . Placed below are… 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 »

Procedure of Resignation of Members of NCLT

By | June 18, 2016

Section – 416 of Companies Act, 2013 Enforced w.e.f DATED 1-6-2016 vide NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV] Resignation of Members. 416. The President, the Chairperson or any Member may, by notice in writing under his hand addressed to the Central Government, resign from his office: Provided that the President, the Chairperson, or the Member shall… Read More »

Acting President and Chairperson of Tribunal or Appellate Tribunal

By | June 18, 2016

Section – 415 of Companies Act, 2013 Enforced w.e.f 01.6.2016 vide NOTIFICATION NO. SO 1934(E) [F.NO.A-45011/14/2016-AD.IV] Acting President and Chairperson of Tribunal or Appellate Tribunal. 415. (1) In the event of the occurrence of any vacancy in the office of the President or the Chairperson by reason of his death, resignation or otherwise, the senior-most… 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 »