Tag Archives: National Company Law Tribunal

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 »

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 »

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 »