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Sanskar Garg
  • Jul 9
  • 2 min

Sec 413 of the Companies Act, 2013: Term of Office of President, Chairperson and other Members of NC

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy NCLT was established in accordance with Section 408 of the 2013 Companies Act. A quasi-judicial body called NCLT was established to handle civil-natured corporate disputes brought about by the Companies Act. In order to hear appeals against the decisions of the National Company Law Tribunal(s), the National Company Law Appellate Tribunal (NCLAT) was established under S

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Sanskar Garg
  • Jul 9
  • 1 min

Sec 412 of the Companies Act, 2013: Selection of members of Tribunal and Appellate Tribunal

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy NCLT was constituted under section 408 of the COmpanies Act, 2013. NCLT is a quasi-judicial authority incorporated for dealing with corporate disputes that are of civil nature arising under the Companies Act. National Company Law Appellate Tribunal (NCLAT) was constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Co

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Sanskar Garg
  • Jul 9
  • 1 min

Sec 410 of the Companies Act, 2013: Constitution of National Company Law Appellate Tribunal

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy In accordance with Section 410 of the Companies Act of 2013, the National Company Law Appellate Tribunal was established on June 1st, 2016. In India, the NCLAT is a quasi-judicial body that decides disputes involving Indian corporations. The cases decided by NCLAT fall under its appellate jurisdiction. Composition of NCLAT: NCLAT consists of a Chairperson and Judicial

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Sanskar Garg
  • Jul 7
  • 2 min

Sec. 409 of the Companies Act, 2013: Qualification of NCLT’s President and its members

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy #DRT #ConstitutionNCLT #QualificationNCLT The NCLT is a quasi-judicial authority incorporated for the purpose of dealing with corporate disputes that are of a civil nature arising under the Companies Act. It was established with the aim of regulating and resolving disputes between civil corporations. Section 409 of the Companies Act, 2013 defines the qualifications of

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Sanskar Garg
  • Jul 7
  • 2 min

Sec 408: National Company Law Tribunal and its composition

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy #DRT According to Section 408 of the Companies Act of 2013, the Central Government shall establish the National Company Law Tribunal by notification published in the Official Gazette (NCLT). The Companies Act, 2013, or any other currently in effect law, will be used by the National Company Law Tribunal to exercise and carry out the duties and powers that have been or m

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Yashika Thakran
  • Jul 6
  • 1 min

The Companies Act, 2013 Section 283: Custody of company’s properties.

#companiesact2013 #custody #tribunal #properties The Companies Act, 2013 Chapter– XX Winding Up Part I- Winding up by the Tribunal Section 283: Custody of company’s properties. *283. (1) Where a winding up order has been made or where a provisional liquidator has been appointed, the Company Liquidator or the provisional liquidator, as the case may be, shall, on the order of the Tribunal, forthwith take into his or its custody or control all the property, effects and actionabl

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MERWIN RICHARD
  • Jun 28
  • 4 min

Certain attachments, executions, etc., in winding up by Tribunal to be void.

#companiesact2013, #section335, #attachments, #executions, #windingup, #tribunal, #void #rules, #sections, #business , #law This article talks about the activities or tasks which are done by the company such as Certain attachments, executions, etc., without the leave of the court was held to be void which is laid down under Section 335 of the Companies Act 2013. Section 335 lays down the rule that : (1) Where any company is being wound up by the Tribunal,— (a) any attachment,

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Arpita Maharana
  • Jun 27
  • 3 min

Sec -218 Protection of employees during investigation

#companieslaw #corporatelaw #sec218 #investigation #employeesright #protection #protectionduringinvestigation #tribunal #appellettribunal #sec210 #sec212 #sec213 #sec219 #sec216 Sec 218 Protection of employees during investigation. This article is an in-depth explanation of the sec 218 of companies act 2013 .This article states about,as the section title explains,protection of employees during investigation. The article states the bare provision and then the explanation of th

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tanishkaruia15
  • Jun 24
  • 2 min

Section 459 of the Companies Act: Powers of Central Government or Tribunal to accord approval, etc.

#centralgovernment #powers #tribunal #approval #conditions #fees #rules Section 459 of the Companies Act,2013 states that: (1) Where the Central Government or the Tribunal is required or authorized by any provision of this Act— 225 (a) to accord approval, sanction, consent, confirmation or recognition to, or in relation to, any matter; or (b) to give any direction in relation to any matter; or (c) to grant any exemption in relation to any matter, then, the Central Government

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Yashika Thakran
  • Jun 23
  • 1 min

Section 271 Companies Act 2013 Circumstances in which company may be wound up by Tribunal

#companywoundup #tribunal #sec271 #notes #llb Section 271 The company may require to wound up by the tribunal under section 271 under the following circumstances: 1. In case the company does not pay the debts, the debt of the creditor exceeding Rs 1 lakhs is due and unpaid by the company within 21 days from the due date, or any execution decree is passed in favour of the creditor or tribunal has a reason that company will not pay off any debts then company would be liable for

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Yashika Thakran
  • Jun 23
  • 4 min

Section 270 Companies Act 2013. Winding up by the tribunal

#sec270 #companies #act #2013 #windingup #tribunal #corporatelaw Section 270 Definition and Meaning Winding up of a company is the process through which a company’s existence and operations comes to an end. Its property is evaluated at realisable value and distributed to the beneficiaries like its members and creditors. A Liquidator is appointed to take control of the company who realises its assets, pays all its outstanding demands and finally distributes any surplus remaine

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Yashika Thakran
  • Jun 23
  • 2 min

Section 252 Companies Act 2013. Appeal to Tribunal

#appeal #sec252 #companies #2013 #tribunal Section 252 1) Any person aggrieved by an order of the Registrar , notifying a company as dissolved under section 248, may file an appeal to the Tribunal within a period of three years from the date of the order of the Registrar and if the Tribunal is of the opinion that the removal of the name of the company from the register of companies is not justified in view of the absence of any of the grounds on which the order was passed by

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MERWIN RICHARD
  • Jun 21
  • 2 min

Powers of Tribunal (Section 273, Companies Act 2013)

#companiesact2013, #tribunal, #powers, #law, #sections, #rules, This article talks about the powers vested within the tribunal and what all can the tribunal is entitled to do under these powers which are also laid down under Section 273 of the Companies Act, 2013. Background of section Under Section 273 of the Companies Act 2013, the Company Law Tribunal after getting a petition for winding up can pass the accompanying orders: 1) It can dismiss the petition with or without

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junejashivya2001
  • Jun 21
  • 2 min

Section 298 of the Companies Act, 2013: Power to order costs

#CompaniesWindingUpRules2020 #TheCompaniesAct2013 #Section298 #Windingup #Tribunal #Costs Chapter XX of The Companies Act, 2013 deals with the “Winding up” process of a Company where Part I specifically states the Winding up by the Tribunal. Section 298 of the Companies Act, 2013 deals with the power to order costs. Winding up by the Tribunal Proper winding up of a company is definitely more essential than its incorporation. The ghost of a company should not haunt after disca

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Harmehak Kaur Anand
  • Jun 18
  • 2 min

Section 434 of the Companies Act, 2013 – Transfer of certain pending proceedings

#section434 #companiesact2013 #proceedings #transfer #tribunal Section 434 of the Companies Act, 2013 deals with the transfer of certain proceedings pending before the authorities constituted under the Companies Act, 1956. The section is divided into two clauses. The first clause lays down provisions on how the pending proceedings are to be dealt with and is elaborated below: Before the date notified by the Central Government, all matters, proceedings, or cases that were pend

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Shubham Mishra
  • Jun 18
  • 1 min

Section 431 of Companies Act 2013: Vacancy in Tribunal or Appellate Tribunal not to invalidate acts

#Vacany #Acts #Proceedings #Tribunal #Appellatetribunal #Section431 #CompaniesAct #2013 According to the Section 431 of Companies Act, 2013 states that No act or proceeding of the Tribunal or the Appellate Tribunal shall be called into question or declared invalid solely because of a vacancy or defect in the Tribunal's or Appellate Tribunal's constitution, as the case may be.

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Harmehak Kaur Anand
  • Jun 16
  • 1 min

Section 433 of the Companies Act, 2013 – Limitation

#section433 #companiesact2013 #limitation #tribunal #appellatetribunal Section 433 of the Companies Act, 2013 provides that the Limitation Act, 1963 will apply to proceedings or appeals before the tribunal or the Appellate Tribunal. Let's now briefly understand the object of the Limitation Act of 1963. The law of limitation provides a time restriction for enforcing a right in a court of law. The Act's schedule specifies the time limits for various types of lawsuits. This Act'

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alkapranjal
  • Jun 16
  • 2 min

SECTION 422 EXPEDITIOUS DISPOSAL BY TRIBUNAL AND APPELLATE TRIBUNAL

#SECTION422 #EXPEDITIOUSDISPOSAL #TRIBUNAL #APPELLATETRIBUNAL #APPLICATION #COMPANYLAW #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL Every application or petition presented to the Tribunal (National Company Law Tribunal- NCLT[1] is a quasi-judicial[2] body that is authorized to deal with the corporate disputes which are civil and arising under the Companies Act), and every appeal filed with the Appellate Tribunal (National Company Law Appellate

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alkapranjal
  • Jun 16
  • 2 min

SECTION 418 STAFF OF TRIBUNAL AND APPELLATE TRIBUNAL

#SECTION418 #STAFF #TRIBUNAL #APPELLATETRIBUNAL #PRESIDENT #COMPANYLAW #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL In this section, it talks about - The Central Government the consultation with the Tribunal (National Company Law Tribunal- NCLT[1] is a quasi-judicial[2] body that is allowed for dealing with the corporate disputes which are civil and arising under the Companies Act) and the Appellate Tribunal (National Company Law Appellate Tri

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Shubham Mishra
  • Jun 15
  • 1 min

Section 429 of the Companies Act, 2013: Power to Seek Assistance of Chief Metropolitan Magistrate.

#Section429 #ChiefMetropolitan #Magistrate #CompaniesAct #IBC #JudicialMagistrate #Districtcollector #Tribunal #Jurisdiction #Books #Accounts Sub-section 1 of Section 429 talks about in any proceedings for the winding up of a company under the Company Act or the Insolvency and Bankruptcy Code, 2016, the Tribunal may request, in writing, the Chief Metropolitan Magistrate, Chief Judicial Magistrate, or the District Collector within whose jurisdiction any such property, books of

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