Supreme Court of India

Madras Bar Association v. Union of India & Anr.

Neutral citation

Reported as [2015] 6 S.C.R. 638

Bench H.L. Dattu, A.K. Sikri, Arun Mishra, Rohinton Fali Nariman and Amitava Roy JJ.

Decided 14 May 2015

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.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that provisions of Section 412(2) of the Act, 2013 are not valid and direction is issued to remove the defect by bringing this provision in accord with sub-para (viii) of para 120 of 2010 judgment.

Judgment, page 49

From the headnote

Companies Act, 2013: ss. 408, 410, 421 and 423 - Constitution of National Company Law Tribunal-NCL T and National Company Law Appellate T ribunal-NCLA T - Validity of- Held: Constitutional validity of NCLT and NCLAT is upheld - NCLT is the first forum in the hierarchy of quasi-judicial fora set up in the Act, 2013- Thus, NCL T, would not only deal with question of/aw in a given case coming before it but would be called upon to defeat the factual disputes/aspects as well- NCLAT which is the first appellate forum provided under the Act, 2013 to examine the validity of the orders passed by NCL

Authorities it was built on

2010 Union of India v. R. Gandhi, President, Madras Bar Association cited by 25

Where later benches applied it

2018 Rojer Mathew v. South Indian Bank Limited and Ors relied on
2017 National Insurance Company Limited v. Pranay Sethi and Ors. relied on
2026 Pannalal Bhansali v. Bharti Telecom Limited referred to
2026 The State of West Bengal v. Jai Hind P.ltd. 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 Rojer Mathew v. South Indian Bank Ltd. & Ors. referred to

Of those, 2 relied on · 5 referred to

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