Supreme Court of India

Union of India v. R. Gandhi, President, Madras Bar Association

Neutral citation

Reported as [2010] 6 S.C.R. 857

Bench K.G. Balakrishnan, R.V. Raveendran, D. K. Jain, P. Sathasivam and J.M. Panchal JJ.

Decided 11 May 2010

Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

25 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that, until a wholly ' independent agency for the administration of all such Tribunals can be set-up, it is desirable that all such Tribunals should be, as far as possible, under a single nodal Ministry which will be in a position to oversee the working of these Tribunals.

Judgment, page 64

From the headnote

Companies Act, ; 956 - Chapters 1 and 1 - Creation of National Company ;_aw Tribunal (NCLT) and National. Company Law Appellate Tribunal (NCLA T) - For adjudication of cases which were adjudicated by CLB, BIFR, . /FR and High courl in its company jurisdiction - Validity of - Held: Creation of NCLT and NCLA T and vesting in them jurisdiction of High Courl is not unconstitutional - Parliament has the o legislative competence to make laws providing for constitution of tribunals to deal with company matters even though it is not mentioned in Arlie/es 323A and 3238 - Such legislation is subject to

Authorities it was built on

1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala cited by 118
1954 Navinchandra Mafatlal v. The Commissioner of Income-tax, Bombay City cited by 32
1955 Rai Sahib Ram Jawaya Kapur and Others v. The State of Punjab cited by 29
1977 State of Gujarat & Another v. Sankalchand Khodidas Patel cited by 28
2003 State of Karnataka v. Vishwabharathi House Building Cooperative Society and Ors. cited by 17
1959 Crompton Parkinson (works) Private Ltd., Bombay v. Its Workmen and Others cited by 9
1961 M/s. Harinagar Sugar Mills Ltd. v. Shyam Sundar Jhunjhunwala and Others cited by 4

Where later benches applied it

2019 Rojer Mathew v. South Indian Bank Ltd. & Ors. relied on
2018 Rojer Mathew v. South Indian Bank Limited and Ors relied on
2017 National Insurance Company Limited v. Pranay Sethi and Ors. relied on
2013 Standard Chartered Bank v. Dharminder Bhohi and Others relied on
2012 Namit Sharma v. Union of India relied on
2012 Columbia Sportswear Company v. Director of Income Tax, Bangalore relied on
2011 Trans Mediterranean Airways v. M/s Universal Exports & Anr. relied on
2021 Gujarat Urja Vikas Nigam Limited v. Mr. Amit Gupta & Ors. followed
2015 Madras Bar Association v. Union of India & Anr. followed
2026 Pannalal Bhansali v. Bharti Telecom Limited referred to
2026 The State of West Bengal v. Jai Hind P.ltd. referred to
2024 Central Organisation for Railway Electrification v. M/s Eci Spic Smo Mcml (jv) A Joint Venture Company referred to
2021 Madras Bar Association v. Union of India and Anr. referred to
2020 Madras Bar Association v. Union of India & Anr. referred to
2019 Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors. referred to
2018 State of Gujarat & Ors. v. Utility Users’ Welfare Association & Ors. referred to
2014 Madras Bar Association v. Union of India and Another referred to
2014 Dr. Subramanian Swamy v. Director, Centeral Bureau of Investigation & Anr. referred to
2012 The Secretary, Ministry of Health & Family Welfare, Government of Maharashtra v. S.C. Malte & Ors. referred to
2012 Bar Council of India v. Union of India referred to
2012 Brij Mohan Lal v. Union of India & Ors. referred to
2014 T.N. Generation & Distbn. Corpn. Ltd. v. Ppn Power Gen. Co. Pvt. Ltd. mentioned
2012 State of M.P. v. Rakesh Kohli & Anr. mentioned
2013 Union of India v. Namit Sharma distinguished
2013 Bharat Sanchar Nigam Limited v. Telecom Regulatory Authority of India and Others not applicable

Of those, 7 relied on · 2 followed · 1 distinguished · 12 referred to · 2 mentioned · 1 not applicable

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