2010 (5) TMI 864

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..... transfer of powers’ as contemplated by the Companies (Second Amendment) Act, 2002 would offend the constitutional scheme of separation of powers and independence of judiciary, so as to aggrandize one branch over the other? Held that:- Since the issues raised in the appeals are of seminal importance and are likely to have serious impact on the very structure and independence of the judicial sys .....

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..... ribunal. Barring the jurisdiction exercised under Articles 226 and 227, almost all jurisdictions hitherto exercised by the High Courts in regard to the company matters would be transferred and exercised by the proposed Tribunal and Appellate Tribunal. 2. We have heard Mr. Gopal Subramanium learned Additional Solicitor General of India and Mr. A.P. Datar learned Senior Counsel appearing for th .....

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..... sferred to Tribunals, excepting judicial review under Articles 226/227 has not been considered. There is as yet no demarcating line to show that, except for powers exercised under articles 226 and 227, the Parliament has the legislative competence to vest intrinsic judicial functions, traditionally performed by Courts in any Tribunal or Authority, outside the judiciary. The question to be determin .....

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