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august 2022

Supreme Court of India · 2022-08-01

National Company Law Tribunal Bar ... vs Union Of India

Court
Supreme Court of India
Petitioner
National Company Law Tribunal Bar ...
Respondent
Union Of India
Author
D.Y. Chandrachud
Bench
Sudhanshu Dhulia, Dhananjaya Y Chandrachud

Judgment text excerpt

The Supreme Court ruled in favor of the National Company Law Tribunal Bar Association, declaring the notification appointing 28 members to the National Company Law Tribunal as unconstitutional. The court found that the appointment violated Section 413 of the Companies Act, 2013, which mandates a five-year term for tribunal members. Consequently, the court quashed the impugned notification, reinforcing the statutory provisions governing appointments.

National Company Law Tribunal Bar ... vs Union Of India · Niyam