Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

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

..... I. 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 Corpo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hich 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 .....

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 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates