Monthly Archives: June 2016

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 »