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august 2022

Supreme Court of India · 2022-08-01

NATIONAL COMPANY LAW TRIBUNAL BAR ASSOCIATION vs UNION OF INDIA

Citation / case number
SC 2022/7814
Court
Supreme Court of India
Petitioner
NATIONAL COMPANY LAW TRIBUNAL BAR ASSOCIATION
Respondent
UNION OF INDIA
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court ruled in favor of the National Company Law Tribunal Bar Association, declaring that the notification appointing members to the NCLT for a tenure of three years contravened Section 413 of the Companies Act, 2013, which mandates a five-year term. The court emphasized the importance of adhering to statutory provisions regarding appointments to ensure legal compliance and uphold the integrity of the tribunal's functioning. Consequently, the impugned notification was set aside, reaffirming the five-year term requirement for NCLT members.

NATIONAL COMPANY LAW TRIBUNAL BAR ASSOCIATION vs UNION OF INDIA · Niyam