Category Archives: Companies Act 2013

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 »

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 »

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 »