7 years, 3 months ago

SC Tells Centre To Submit New Draft Rules On Appointment Of Tribunals’ Office-Bearers By Jan 4

Live Law

The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday directed the Centre to submit the new draft of the Tribunals, Appellate Tribunals and Other Authorities Rules by January 4, 2018.The bench was hearing a string of writ petitions challenging sections 182, 183, 184 and 185. Senior counsel Kapil Sibal submitted before the bench that the new Finance Act and the rules framed there “take away the right of the judiciary to appoint the chairman and members of tribunals and commissions”. The jurisdiction of the NGT is in the nature of PIL jurisdiction of the high courts.” The opposition to the new Act of 2017 and the Rules framed thereunder continued: “It goes against the basic structure doctrine that the executive shall appoint the presiding officers and members of 18 tribunals possessing High Court jurisdiction. Besides, in the new draft rules that the government has formulated, the constitution of the selection Committee has been altered.” Senior counsel Arvind Datar submitted, “The new draft rules must made compliant with the spirit of paragraph 120 of the apex court’s judgment in the Madras High Court Bar Association matter.” Senior counsel Mohan Parasaran argued, “It is not about the amendment of the impugned rules.

Justice Court Tribunals Rules Centre Members Act Cat Submit Bench Ngt Draft Cji New Draft Rules appointment bench submit jan court act draft centre sc members justice officebearers tells ngt tribunals cji rules

History of this topic

Judicial Member Vacancy At Central Administrative Tribunal

Trending News

2 months, 2 weeks ago

Judicial Member Vacancy At Central Administrative Tribunal

Live Law

Central Administrative Tribunal invites application for the post of Judicial Member. Name of the Post: Judicial Member No. of Post: 05 Essential Qualification and Experience • As per Rule 3 of the Tribunal Rules, 2021, a person shall not be qualified for appointment as Judicial Member, unless he, is, or has been, a Judge of a High Court; or has …

4 months, 2 weeks ago

No political appointments in NCLT, NCLAT: SC

Hindustan Times

The Supreme Court on Thursday emphasised that appointments to the National Company Law Tribunal and the National Company Law Appellate Tribunal must not be “political”, even as it voiced serious concerns over delays and inefficiencies affecting India’s insolvency process. In its judgment that ordered the liquidation of debt-ridden Jet Airways, the top court addressed a raft of issues regarding the …

1 year ago

Congress leader moves SC seeking to restrain Centre from appointing new ECs

The Hindu

A plea has been filed in the Supreme Court seeking to restrain the Centre from appointing new election commissioners as per a 2023 law, the provisions of which have been challenged in the apex court. "That petitioner most respectfully submitted that in view of facts that election for Lok Sabha Election 2024 may be announced shortly, therefore appointment of member …

1 year, 1 month ago

Supreme Court Refuses To Stay Law Dropping CJI From Panel To Select Election Commissioners, Posts Matter To April 2024

Live Law

The Supreme Court on Tuesday refused to stay the operation of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 in a fresh petition challenging the Constitutionality of the provision.While issuing notice on the plea moved by the Association for Democratic Reforms, the Bench of Justices Sanjiv Khanna and Dipankar Datta noted that a similar. The …

1 year, 3 months ago

NCLAT Vacancy | MCA Invites Application For Post Of Judicial Member, Last Date To Apply Is 19th December 2023

Live Law

The Ministry of Corporate Affairs, Government of India, has issued a circular dated 16.11.2023, inviting application for the post of Judicial Members in the National Company Law Appellate Tribunal. Qualifications for Judicial Member under Rule 3 of the Tribunal Rules, 2021 A person can be appointed as Judicial Member if he/she: is, or has been, a Judge of a High …

1 year, 6 months ago

Special Bench At NCLT Principal Bench From 11th To 15th September 2023

Live Law

The National Company Law Tribunal has issued a circular dated 05.09.2023, intimating the constitution of Special Bench for NCLT Principal Bench from 11.09.2023 to 15.09.2023. The Special Bench shall attend to the matters listed before Justice Ramalingam Sudhakar and Shri Avinash Kumar Srivastava. The Special Bench shall comprise of: NCLT Principal Bench Shri Ashok Kumar Bhardwaj Shri Avinash Kumar Srivastava …

1 year, 8 months ago

Fill Vacancies In Central Govt Industrial Tribunals By August 31 : Supreme Court To Union

Live Law

The Supreme Court directed the Union Government to complete the process of appointing judicial officers to the vacant seats of the Central Government Industrial Tribunals before August 31, 2023. The petitioner in the matter, Labour Law Association had submitted that as many as nine out of twenty two benches of the Central Government Industrial Tribunals were vacant and three more …

2 years, 1 month ago

[Judges Appointment] Govt Sent Back 18 SC Collegium Recommendations, 6 Have Been Reiterated: Law Minister Kiren Rijiju

Live Law

The Union Law Minister Kiren Rijiju on Thursday informed Rajya Sabha that a total of 18 proposals recommended by the Supreme Court Collegium for appointment of judges has been sent back by the government to the collegium for reconsideration. While answering to the question on total number of collegium proposals returned by Government on its own to Supreme Court Collegium …

2 years, 3 months ago

Judicial Member Vacancy At The Central Administrative Tribunal (CAT)

Live Law

Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training invites applications for the post of Judicial Member in the Central Administrative Tribunal. Name of the Post: Judicial Member No. of Post: 14 Essential Qualification and Experience • As per Rule 3 of the Tribunal Rules, 2021, a person shall not be qualified for appointment as Judicial Member, …

2 years, 3 months ago

Government says 25 judicial, technical member positions vacant at NCLT

The Hindu

As many as 25 posts of judicial and technical members are lying vacant at the National Company Law Tribunal and the process has been initiated to fill the vacancies, the government said on Monday. The average time taken for resolution of these cases was 473 days, the Minister said. As per the data, it took an average of 560 days …

2 years, 3 months ago

No proposal at present to reintroduce National Judicial Appointments Commission, says law minister

India Today

In response to a question posed in the ongoing Rajya Sabha session asking whether the Government proposes to reintroduce the National Judicial Appointments Commission with suitable modifications, Minister of Law and Justice Kiren Rijiju said that there is no such proposal at present. -Number of collegium proposals returned by the Government during the last five years -State-wise details of proposals …

2 years, 3 months ago

Gujarat High Court Refuses Former NCLT Member's Plea For Re-Appointment

Live Law

The Gujarat High Court Bench comprising of Justice N.V. Anjaria and Justice Sandeep N. Bhatt, while adjudicating a petition filed in Manorama Kumari v Union of India, has rejected the plea of a former NCLT Member for re-appointment as a Judicial Member of NCLT, after having served a term of 5 years and being retired. The Petitioner held office for …

2 years, 8 months ago

Single Member Benches Of NGT Cannot Be Constituted In View Of Proviso To Section 4(4)(c) NGT Act: Supreme Court

Live Law

The Supreme Court observed that single member benches of National Green Tribunal cannot be constituted.The proviso to Section 4 NGT Act mandates that there shall be at least one expert member on the Bench, the bench comprising Justices DY Chandrachud and AS Bopanna observed.The court added that a delegated legislation must be in conformity with the enactment of the legislature. …

2 years, 10 months ago

National Green Tribunal Does Not Oust Jurisdiction Of High Courts; Direct Appeals From NGT To SC Do Not Undermine HCs : Supreme Court

Live Law

The Supreme Court on Wednesday upheld the constitutionality of Section 3 of the National Green Tribunal Act 2010, which provides for the establishment of the NGT by the Central Government.The court also held that the National Green Tribunal under Section 14 & 22 of the NGT Act does not oust the High Court's jurisdiction under Article 226 & 227 as …

2 years, 10 months ago

Unfilled Tribunal Vacancies : Supreme Court Asks CAT Members To Function Beyond Their Tenure

Live Law

Taking note of the vacancies in the Central Admininstrative Tribunals, the Supreme Court on Friday passed an order directing incumbents who are holding the post of members of CAT as judicial or administrative members to continue to function even beyond their term, subject to their consent and availbility. The directions were issued in a petition filed by Central Administrative Tribunal …

3 years ago

Madras HC Dismisses For Non-Prosecution Plea Against NGT Order Mandating Suo Moto 'Pan-India' Matters To Be Heard Only By Principal Bench

Live Law

Madras High Court has recently dismissed a plea challenging the NGT Office Order which mandated that Pan India matters should be heard by the Principal Bench at New Delhi. The plea was filed by one Meenava Thanthai K.R Selvaraj to quash the Office Order dated 12.06.2021 bearing No.NGT/PB/Judl./18/2020/221 issued by the Registrar General of the Principal Bench of the National …

3 years, 1 month ago

Centre clears appointment of 5 tribunal chiefs

Hindustan Times

The Appointments Committee of the Cabinet has cleared the proposal of the Department of Financial Services for the appointment of chairpersons in all five Debts Recovery Appellate Tribunals, Live Law reported. The appointments came a day after the Supreme Court expressed anguish over the ‘knee jerk’ actions in filling up vacant posts in various tribunals. The appointments came a day …

3 years, 1 month ago

SC on tribunal appointments

The Hindu

The Supreme Court on Wednesday said its judicial intervention saw the government make abrupt efforts to fill up vacancies in tribunals some time back and nothing after that. In September last, a Special Bench led by the CJI accused the Centre of “cherry-picking” names for appointments to tribunals groaning under backlog and left almost defunct by long-pending vacancies. Chandrachud and …

3 years, 5 months ago

Judicial Member Vacancy At Railway Claims Tribunal

Live Law

Ministry of Indian Railway, Government of India invites application for the post of Judicial Member Vacancy at Railway Claims Tribunal at Delhi, Allahabad, Lucknow, Gorakhpur, Kolkata, Bhubneswar, Guwahati-I, Guwahati-II, Patna, Ranchi, Mumbai, Bhopal, Nagpur, Bangalore, Chennai, and Emakulam. A Judicial Member, upon selection, may be posted at anywhere among these locations. eligibility, salary and other terms and conditions of the …

3 years, 6 months ago

'We Will Suo Motu Stay Tribunals Reforms Act' : Supreme Court Tells Centre In NCLAT Member Justice Cheema's Plea

Live Law

Extremely upset with the manner in which the Central Government terminated the services of Justice Ashok Iqbal Singh Cheema as the Acting Chairperson of the National Company Law Appellate Tribunal, the Supreme Court on Wednesday orally said that it will suo motu stay the Tribunals Reforms Act 2021.The Tribunals Reforms Act 2021 has become a point of friction between the …

3 years, 6 months ago

'Very Unhappy': SC on Centre's 'Cherry-Picking' in Tribunal Appointments

The Quint

Emphasising that it is distressing that names recommended by selection panel, which comprised of sitting top court judges and two senior bureaucrats, were not treated seriously, the top court gave Centre two weeks, as the last opportunity, to make good the appointments and furnish reasons for the names, which were rejected. "We are very unhappy with what is going on," …

3 years, 6 months ago

SC slams Centre for 'cherry-picking' names for tribunals, directs govt to make appointments in two weeks

Firstpost

There are around 250 posts lying vacant in various key tribunals and appellate tribunals New Delhi: The Supreme Court on Wednesday expressed displeasure over non-filling of vacancies at the tribunals across the nation and said the manner in which appointments have been made clearly indicates “cherry picking” of names. Venugopal assured the bench that the Centre would make appointments in …

3 years, 6 months ago

Supreme Court Has Repeatedly Said 10 Years Experience In Law Is Sufficient For Appointment As Judicial Member In Tribunals : Bombay High Court

Live Law

Quashing certain provisions of the new Consumer Protection Rules, 2020 the Bombay High Court has said 10 years of experience in law and in other specialized fields is sufficient for appointment as a judicial member in the Tribunal. The High Court referred to the Supreme Court's judgments in the series of Madras Bar Association cases which held that advocates with …

3 years, 6 months ago

Centre Clears Appointments To National Company Law Tribunal (NCLT) & Income Tax Appellate Tribunal (ITAT)

Live Law

Days after the Supreme Court pulled up the Central Government over posts lying vacant in the tribunals, the Central government today cleared the appointment of judicial and technical members to the National Company Law Tribunal and the Income Tax Appellate Tribunal Issuing a notification, the Centre has approved the proposal for the appointment of a total of 18 members to …

3 years, 6 months ago

You are testing our patience: SC raps Centre over delay in Tribunal appointments

India Today

The Supreme Court rapped the central government on Monday over the delay in appointments to the Tribunals and the recently passed Tribunals Reforms Act, saying it was identical to the provisions struck down by it previously. A special bench headed by Chief Justice of India NV Ramana and comprising Justices DY Chandrachud and L Nageswara Rao directed the government to …

3 years, 7 months ago

"Show Us One Appointment You Made": Supreme Court To Centre In Tribunal Matter- Read Full Courtroom Exchange

Live Law

The Supreme Court on Monday demanded from the Centre the rationale behind the recently-passed Tribunal Reforms Act, 2021 after the Court struck down the Tribunals Reforms Ordinance, 2021.The bench of Chief Justice N. V. Ramana and Justices Surya Kant and Aniruddha Bose was hearing a petition seeking directions for the constitution of the Goods. On the last occasion, Supreme Court …

3 years, 7 months ago

Exclusion Of Advocates From Post Of DRT & DRAT Presiding Officers Challenged; Supreme Court Seeks Centre's Response

Live Law

The Supreme Court on Monday sought the Centre's response in a plea challenging the exclusion of Advocates from being eligible for the post of Presiding Officer and Chairman, Debts Recovery Tribunals and Debts Recovery Appellate Tribunals under the Tribunal, Appellate Tribunal and other Authorities Amendment Rules, 2021. A Division Bench comprising Justice L Nageswara Rao and Justice Aniruddha Bose issued …

3 years, 7 months ago

Madras High Court Stays NGT Office Order Mandating Suo Moto 'Pan India' Matters To Be Heard Only By NGT Principal Bench

Live Law

The Madras High Court on Tuesday imposed a stay on an office order issued by the Registrar General of the Principal Bench of the National Green Tribunal, which had directed that suo matters having pan-India or inter-state implications will be henceforth listed before the Principal Bench of at least three members. Pursuant to Section 4 of the National Green Tribunal …

3 years, 8 months ago

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules

Live Law

The Central Government has amended the Tribunal, Appellate Tribunal and other Authorities Rules, 2020 enabling appointment of Advocates with ten years experience as Judicial Members of various Tribunals.The Amendment was notified yesterday and has come into force. Income-tax Appellate Tribunal under the Income tax Act, 1961 A person shall not be qualified for appointment as a Judicial Member, unless,–– he …

3 years, 10 months ago

CBI Director selection | CJI made ‘statement of law’

The Hindu

Chief Justice of India N.V. Ramana’s opinion in the high-level committee to avoid officers with less than six months left to retire for appointment as CBI Director is a simple “statement of law”. The CJI was clear during the meeting chaired by the Prime Minister and attended by Adhir Ranjan Chowdhury, leader of largest Opposition party, on Monday that the …

3 years, 11 months ago

Tribunals Reforms Ordinance : Certain Points Of Concern

Live Law

Adding another episode to its attempts to overhaul the Tribunal system in the country, the Union Government recently brought the The Ordinance, promulgated by the President on April 5, follows the Rules made by the Centre in 2017 and 2020, which came under severe criticism from the Supreme Court. In November last year, the Supreme Court, finding several faults with …

4 years, 1 month ago

Supreme Court Modifies Its Direction On Constitution Of Search Cum Selection Committee For Appointment Of Tribunal Members

Live Law

The Supreme Court has modified a direction issued by it in the matter of constitution of Search-cum-Selection Committee for appointment of members of the tribunals.The bench comprising Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat allowed Centre's request to modify a direction issued in Madras Bar Association v. Union of India by substituting the. The Supreme Court has …

4 years, 2 months ago

Supreme Court Issues Notice On Plea For Appointment Of Full-Time Chairman, VC, Members Of National Commissions For SC, ST

Live Law

The plea urges that owing to the glaring vacancies/non-appointment of the Chairmen/Chairpersons and key high-officers, these Commissions have failed to provide any relief in matters relating to the SCs and STs of India. Also, they have miserably failed in their duty of publishing their Annual Reports on the developments and working of the safeguards put in place, as to the …

4 years, 3 months ago

SC To Consider Tomorrow Plea Seeking Extra Chance For UPSC Aspirants Who Gave Last Attempt In Civil Service Exams This Year

Live Law

The Supreme Court will consider tomorrow a petition filed by civil service aspirants seeking an extra attempt in the UPSC exams for those candidates who had their last attempt in the preliminary exam held in October 2020.The case titled "Rachna Singh v Union of India" is listed before a bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari tomorrow.On …

4 years, 3 months ago

Supreme Court Extends Term Of BSV Prakash Kumar As NCLT Delhi Acting President Till Regular Appointment

Live Law

The Supreme Court on Wednesday extended the appointment of Mr.B.S.V.Prakash Kumar,Member as acting President of NCLT, New Delhi till regular appointment is made to the post of President, NCLT Delhi.The direction was passed by a bench of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi on a writ petition filed by National Company Law Tribunal and. The Supreme Court …

4 years, 3 months ago

National Tribunals Commission Will Improve Effective Functioning & Enhance Public Image Of Tribunals : Supreme Court

Live Law

The Supreme Court on Friday, while issuing a slew of directions to the Centre to amend the Tribunal Rules, 2020, directed the Union of India to constitute a National Tribunals Commission to supervise the appointments and functioning of Tribunals. The Court took into account the suggestion of Senior Advocate Arvind P. Datar, the Amicus Curiae, that setting up a National …

4 years, 4 months ago

Supreme Court Asks MoEF To Issue Appointment Letters To Incumbent Members Of NGT In 4 Wks, Who May Join Office Immediately Thereafter

Live Law

The Supreme Court on Wednesday directed that appointment orders be issued to the incumbent judicial and technical members of the National Green Tribunal without further delay, who may join office immediately thereafter. "In light of the observations already made, there is no manner of doubt that the authorities must act with utmost expeditiousness, as no further delay is desirable in …

4 years, 5 months ago

Non-Function Of JJ Boards Against Mandate Of A. 15(3) & UNCRC: Allahabad HC Directs State Govt. To Fill Vacancies At least 6 Months Prior To Falling Due [Read Order]

Live Law

Reiterating that non-function of the Juvenile Justice Boards is clearly against the mandate of Article 15 and against the solemn promise made in the form of ratification of the United Nations Convention on the Rights of Children treaty, the Allahabad High Court on Monday observed that in the future, the State Government should ensure that the vacancies are expeditiously filled …

4 years, 5 months ago

[2020 Tribunal Rules] AG Defends Exclusion Of Advocates From Appointment To Single-Member Tribunals, SC Reserves Judgment [Read Order]

Live Law

The Supreme Court on Friday reserved judgment on the plea by the Madras Bar Association challenging the Tribunal Rules of 2020, on the grounds that it is in the teeth of the principles of separation of power and independence of judiciary. "A tenure of three years may be suitable for a retired Judge of High Court or the Supreme Court …

4 years, 5 months ago

[2020 Tribunal Rules] SC Judgments Requiring 5-7 Yrs Tenure Don't Apply Where Right Of Re-Appointment Contemplated: AG Defends 4 Yr Term

Live Law

The Supreme Court on Thursday resumed hearing on the plea by the Madras Bar Association challenging the Tribunal Rules of 2020, on the grounds that it is in the teeth of the principles of separation of power and independence of judiciary. It was given to exhibit that rules may so be framed such that the tenure does not exceed 5 …

4 years, 6 months ago

SC Asks Two CERC Members To Go On Leave Until Appointment Of A Law Member [Read Order]

Live Law

The Supreme Court on Friday asked two members of the Central Electricity Regulatory Commission to go on leave until a Member law is appointed to the Commission. The plea was moved seeking enforcement of a 2018 verdict of the Supreme Court, holding that it is mandatory that there should be a person of law as a Member of the Commission, …

4 years, 7 months ago

SC Asks Selection Committee To Expedite Appointment Of Members To NGT [Read Order]

Live Law

The Supreme Court on Friday directed the Central Government to expedite the process of appointment of Judicial and Expert Members to the National Green Tribunal. Section 4 of the National Green Tribunal Act, 2010 stipulates inter alia that the Tribunal shall consist of a full time Chairperson; not less than ten full time Judicial Members and not less than ten …

4 years, 10 months ago

National Company Law Tribunal transfers 8 members with immediate effect; to form a new bench for Cuttack

Firstpost

New Delhi: In an organisational reshuffle, the National Company Law Tribunal has transferred eight members to different benches across India with immediate effect. Besides, NCLT in another notification said it will form a new bench for Cuttack, comprising its Judicial Member Sucharita R and Technical Member Satya Ranjan Prasad. However, it also added that during the lockdown, Kolkata bench of …

4 years, 11 months ago

[NCDRC]Appointments Made By Centre Pursuant To March 11 Circular Will Be Subject To Court Order:Bombay HC [Read Order]

Live Law

The Bombay High Court through its Nagpur bench has issued notices to the Union of India, the Ministry of Finance, Union Law Ministry, Ministry of Consumer Affairs and the state Government of Maharashtra on a petition challenging the New Tribunal Rules 2020. During the course of hearing in the present case, Advocate Dr. Tushar Mandlekar, counsel for the Petitioner, argued …

5 years ago

NCLT Extends Limitation Period From March 15 Till Further Orders [Read Notice]

Live Law

The National Company Law Tribunal has issued a notice intimating all the litigants that the extension of limitation period granted by the Supreme Court on Monday will be applicable to the cases falling within the NCLT's jurisdiction. With the objective of reducing physical filings in courts and tribunals across the countries during the COVID-19 pandemic, the Supreme Court had on …

5 years ago

SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders [Read Order]

Live Law

With the objective of reducing physical filings in courts and tribunals across the countries during the COVID-19 pandemic, the Supreme Court on Monday passed a general order extending the limitation, whether condonable or not, with effect from March 15, until further orders. "To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such …

5 years, 3 months ago

Delhi HC Issues Notice On A PIL Challenging The Notification Requiring 25 Years Of Experience In Law For Technical Members Of NCLAT

Live Law

Delhi High Court has issued notice to the Central Government in a PIL challenging the validity of the notification requiring 25 years of experience in law for a person to be considered for a post of Technical Member of National Company Law Appellate Tribunal. Moreover, as per the decision of the Supreme Court in Madras Bar Association v. Union of …

5 years, 5 months ago

Appointment Of Judicial And Expert Members In NGT: SC Seeks Centre's Response

Live Law

The Supreme Court on Friday sought a response from the Centre on a plea seeking the appointment of judicial and expert members for the benches of the National Green Tribunal across the country. A bench comprising justices N V Ramana and Sanjiv Khanna issued a notice to the Centre on the petition, which has also sought a direction to all …

6 years, 3 months ago

All India Judicial Service Examination, Pre-Institution Mediation And Settlement: Read Niti Ayog’s Strategy Of Judicial And Legal Reforms For New India [Read Report]

Live Law

“Legal and judicial reforms are urgently needed to address the massive pendency and capacity issues in Indian courts, which impede access to Justice.”Niti Ayog, in its report titled “Strategy For New India @ 75”, has given important suggestions for judicial and legal reforms. “Legal and judicial reforms are urgently needed to address the massive pendency and capacity issues in Indian …

6 years, 3 months ago

All India Judicial Service Examination, Pre-Institution Mediation And Settlement: Read Niti Ayog’s Strategy Of Judicial And Legal Reforms For New India [Read Report]

Live Law

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