Schrödinger's Cat of Jurisdiction
1 month, 3 weeks ago

Schrödinger's Cat of Jurisdiction

Live Law  

Is it possible to exist in two states at once, alive and dead, until observed? Naturally, each case demands a prima facie assessment of facts to ascertain whether the dispute is a matter for the Tribunal's summary jurisdiction or one that requires the deeper evidentiary probe of civil courts. As a result, by affirming the High Court's decision to direct rectification in Jai Mahal Hotels, the Supreme Court reinforced the principle that disputes centered on straightforward corporate issues, such as rectification, must be adjudicated within the framework of specialized forums like the Tribunal. Likewise, Jai Mahal Hotels highlighted the thin line between rectification and issues alien to it; the Supreme Court underscored that straightforward matters of share transfer fall within the Tribunal's jurisdiction, leaving unrelated complexities to civil courts. Collectively, the crux of these pivotal judgments makes plain the fact that the Tribunals ought to open the box and atleast objectively run a prima facie assessment as to whether a matter falls within the Tribunal's jurisdiction to rectify the errors or is beyond the four corners of the Tribunal's jurisdiction thereby demands an in-depth examination of the substantive dispute by the civil courts or other appropriate forums.

Jurisdiction Corporate Court Civil Companies Act Tribunals Disputes Companies Nclt Sebi Ors Act Cat Nclat Matter Pit Civil Suit Civil Courts Section 59 Rectification Section 155 Such Disputes Udaya Shankar Section 111A Section 430 Schrodinger Clb Shashi Prakash Khemka Ifb Agro Lmjs Chalasani Udaya Shankar Modern Plastic Containers Pvt Dr Group Corporate Disputes Specialized Forums Jai Mahal Hotels  tribunals  companies  matter  schrödingers  cat  corporate  act  disputes  rectification  jurisdiction  court  civil

History of this topic

Civil Court Has No Jurisdiction In Matters In Respect Of Which Power Has Been Conferred On NCLT: SC [Read Order]
6 years, 2 months ago

Civil Court Has No Jurisdiction In Matters In Respect Of Which Power Has Been Conferred On NCLT: SC [Read Order]

Live Law  

The Supreme Court has observed that the jurisdiction of the civil court is completely barred in matters in respect of which power has been conferred on the National Company Law Tribunal.In Shashi Prakash Khemka vs. NEPC Micon, the bench comprising Justice L Nageswara Rao and Justice Sanjay Kishan Kaul was considering whether an issue qua the transfer of shares has …

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