Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

NCLAT's Authority to Recall Judgments: The Intersection of Tribunal Authority and Justice

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Introduction This commentary delves into the significant legal question of whether a Tribunal, not vested with explicit review powers, can entertain an application for the recall of a judgment on sufficient grounds. This issue was brought into focus in a case before the National Company Law Appellate Tribunal (NCLAT). II. Factual Background The case under discussion originated from the Corpor....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ich held that the Tribunal cannot recall its judgment in exercise of its inherent jurisdiction, state the correct law? IV. Tribunal's Analysis and Conclusion The Tribunal undertook a comprehensive analysis of the inherent powers of Tribunals, drawing upon various judgments of the Supreme Court of India, the National Company Law Tribunal (NCLT) Rules, and the provisions of the Companies Act a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... * Relevance to the Present Case: The Tribunal applied these principles to the facts of the case, scrutinizing whether the procedural aspects and principles of natural justice were adhered to in the impugned orders. V. Decision The Tribunal concluded that: * It does possess the inherent jurisdiction to entertain an application for the recall of its judgment on sufficient grounds. * The e....