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        Companies Law

        Rule 5 - Judge to conduct inquiry

        National Company Law Tribunal and National Company Law Appellate Tribunal (Procedure for investigation of misbehavior or incapacity of Chairperson, President and other Members) Rules, 2020

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        Inquiry into a Member's alleged misbehavior or incapacity requires a nominated judge, medical examination, and representation rights. Inquiry is initiated when the President refers reasonable grounds to the Chief Justice for nomination of a Supreme Court Judge, who is appointed by presidential order and given the articles of charge, imputations, witness statements and material documents; the Judge must complete the inquiry within specified time and allow the Member a written statement of defence. Alleged physical or mental incapacity may be investigated by a Presidential Medical Board whose report informs fitness to continue, and refusal to undergo examination permits a presumption of incapacity; charges may be amended with opportunity for fresh defence, and the Central Government appoints an officer or advocate to present the case while the Member may engage counsel.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Inquiry into a Member's alleged misbehavior or incapacity requires a nominated judge, medical examination, and representation rights.

                              Inquiry is initiated when the President refers reasonable grounds to the Chief Justice for nomination of a Supreme Court Judge, who is appointed by presidential order and given the articles of charge, imputations, witness statements and material documents; the Judge must complete the inquiry within specified time and allow the Member a written statement of defence. Alleged physical or mental incapacity may be investigated by a Presidential Medical Board whose report informs fitness to continue, and refusal to undergo examination permits a presumption of incapacity; charges may be amended with opportunity for fresh defence, and the Central Government appoints an officer or advocate to present the case while the Member may engage counsel.





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                              ActsIncome Tax
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