Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 421 and 423 - Constitution of National Company Law Tribunal-NCLT and National Company Law Appellate Tribunal-NCLAT Companies Act 2013: ss. 408 410 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Companies Act, 2013: ss. 408, 410, 421 and 423 - Constitution of National Company Law Tribunal-NCLT and National Company Law Appellate Tribunal-NCLAT - Validity of- Held: Constitutional validity of NCLT and NCLAT is upheld - NCLT is the first forum in the hierarchy of quasi-judicial fora set up in the Act,2013- Thus, NCLT, would not only deal with question of law in a given case coming before it but would be called upon to defeat the factual disputes/aspects as well- NCLAT which is the first appellate forum provided under the Act, 2013 to examine the validity of the orders passed by NCLT, would revisit the factual as well as legal issues. ss. 409, 411- President and Members of the NCLT and Chairman and Members of the NCLAT - Prescription of qualifications including term of their office and salary allowances etc. - Challenge to, as regards technical members of the tribunal and the appellate tribunal - Held:As pers. 409(3)(a) to (e) and s. 411 prescribing qualifications for appointment of technical member of the tribunal and appellate tribunal respectively, the technical Members should be selected from amongst only those officers who hold rank of Secretaries or Additional Secretaries and have technical expertise- This is against the R. Gandhi, President, Madras Bar Association's case - Thus, s. 409(3)(a) and (e) and s.411(3) is held to be invalid - For appointment of technical Members to the NCLT, directions contained in R. Gandhi,President, Madras Bar Association's case to be scrupulously followed and these corrections to be carried out in s. 409(3) to set it right. s. 412 - Selection of members of NCL T and NCLAT -Structure of the Selection Committee uls. 412-Composition of five member Committee, three from administrative branch/ bureaucracy and two from judiciary - Challenge to - Held:Provisions of s. 412(2) is not valid - Direction issued to remove the defect by bringing the provision in accord with R.Gandhi, President, Madras Bar Association's case wherein it should be four member Committee-two from administrative branch/bureaucracy and two from judiciary. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 410 |
Petitioner | Madras Bar Association |
Respondent | Union Of India & Anr. |
SCR | [2015] 6 S.C.R. 638 |
Judgement Date | 2015-05-14 |
Case Number | 1072 |
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