TMI BlogNCLAT's Authority to Recall Judgments: The Intersection of Tribunal Authority and JusticeX X X X Extracts X X X X X X X X Extracts X X X X ..... RINCIPAL BENCH , NEW DELHI 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 unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgments? Do earlier NCLAT judgments, which 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, or procedural irregularities that vitiate the entire proceeding. 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 ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d fairness. This judgment thus serves as a crucial precedent in understanding the extent of inherent powers vested in Tribunals. Full Text : 2023 (7) TMI 209 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI - FAQ - Frequently Asked Questions, TMI Short Notes , Experts comment, opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanageme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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