Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2010 (5) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (5) TMI 151 - SC - Indian LawsNational Tax Tribunal Act, 2005 (NTT) - National Company Law Tribunals under the Companies Act, 1956 (NCLT) - The basis of attack in regard to Part 1B and 1C of Companies Act and the provisions of NTT Act are completely different. The challenge to Part IB & IC of Companies Act, 1956 seeks to derive support from Article 323B by contending that Article 323B is a bar for constitution of any Tribunal in respect of matters not enumerated therein. On the other hand the challenge to NTT Act is based on the challenge to Article 323B itself. - We therefore find that these petitions relating to the validity of the NTT Act and the challenge to Article 323B raises issues which did not arise in the two civil appeals. Therefore these cases can not be disposed of in terms of the decision in the civil appeals but requires to be heard separately.
|