Misplaced Pages

National Company Law Tribunal

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board , which can be a public administrative agency but also a contract - or private law entity, which has been given powers and procedures resembling those of a court of law or judge and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect the legal rights, duties or privileges of specific parties.

#992007

27-532: The National Company Law Tribunal ( NCLT ) is a quasi-judicial body in India that adjudicates issues relating to Indian companies . The tribunal, established under the Companies Act 2013 , was constituted on 1 June 2016 by the government of India and is based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies. All proceedings under

54-522: A courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on

81-562: A jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or the occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of

108-423: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over

135-488: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs

162-541: A court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to

189-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to

216-621: A judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from the same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In

243-418: A quasi-judicial body require findings of facts to reach conclusions of law that justify the decision. They usually depend on a predetermined set of guidelines or criteria to assess the nature and gravity of the permission or relief sought, or of the offense committed. Decisions of a quasi-judicial body are often legally enforceable under the laws of a jurisdiction; they can be challenged in a court of law, which

270-412: A very specific area of expertise and authority, such as land use and zoning , financial markets , employment law , public standards, and/or a specific set of regulations of an agency. The decisions of such a body are often made after a quasi-judicial proceeding , which may resemble a court. There are some key differences between judicial and quasi-judicial bodies, in that: In general, decisions of

297-479: Is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . In both common law and civil law legal systems , courts are the central means for dispute resolution , and it is generally understood that all people have an ability to bring their claims before

SECTION 10

#1732782755993

324-787: Is the adjudicating authority for the insolvency resolution process of companies and limited liability partnerships under the Insolvency and Bankruptcy Code, 2016 . No criminal 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 any other law for the time being in force and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or any other law for

351-448: Is the final decisive authority. The following is a partial list of quasi-judicial bodies: Some non-constitutional bodies that are quasi-judicial in nature: Court A court is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with

378-495: The reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply a legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps

405-692: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of

432-409: The rule of law . The practical authority given to the court is known as its jurisdiction , the court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of the western world are the civil law courts and the common law courts. A court

459-755: The Companies Act to adjudicate proceedings: Following is the list of Hon'ble President and Sitting Members: Decisions of the tribunal may be appealed to the National Company Law Appellate Tribunal , the decisions of which may further be appealed to the Supreme Court of India on a point of law. The Supreme Court of India has upheld the Insolvency and Bankruptcy Code in its entirety. Quasi-judicial body Such bodies usually have powers of adjudication in such matters as: Their powers are usually limited to

486-591: The Companies Act, including proceedings relating to arbitration , compromise , arrangements, reconstructions and winding up of companies, are to be before the National Company Law Tribunal (NCLT). The NCLT bench is chaired by a Judicial member, who is to be a serving or retired High Court Judge, and a Technical member, who must be from the Indian Corporate Law Service (ICLS) cadre. The National Company Law Tribunal

513-495: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply

540-468: The United States, the legal authority of a court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as

567-686: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as

SECTION 20

#1732782755993

594-462: The court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on the Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done;

621-643: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created

648-752: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of

675-421: The time being in force, by the Tribunal or the Appellate Tribunal. The tribunal has sixteen benches, six at New Delhi (one being the principal bench) and two at Ahmedabad , one at Prayagraj , one at Bengaluru , one at Chandigarh , two at Chennai , one at Cuttack, one at Guwahati , three at Hyderabad of which one is at Amaravathi , one at Jaipur , one at Kochi , two at Kolkata and five at Mumbai . Of

702-565: The two new benches approved to be set up, one each in Indore and Amaravathi , the Indore bench is yet to be notified. Except the Bench at Amaravati, all the benches have been notified as division benches. Justice R. Sudhakar , a retired Chief Justice of Manipur High Court has been appointed as president of the tribunal since 1 November 2021. The National Company Law Tribunal has the power under

729-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around

#992007