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Companies Law - Highlights / Catch Notes

Home Highlights December 2020 Year 2020 This

Tribunal - it is crucial that these tribunals are run by a ...


Diverse Expert Tribunals Essential for Timely Justice under Article 226; Independence and Competence Crucial to Reduce Caseloads.

December 1, 2020

Case Laws     Companies Law     SC

Tribunal - it is crucial that these tribunals are run by a robust mix of experts, i.e. those with experience in policy in the relevant field, and those with judicial or legal experience and competence in such fields. The functioning or non-functioning of any of these tribunals due to lack of competence or understanding has a direct adverse impact on those who expect effective and swift justice from them. The resultant fallout is invariably an increased docket load, especially by recourse to Article 226 of the Constitution of India. These aspects are highlighted once again to stress that these tribunals do not function in isolation, but are a part of the larger scheme of justice dispensation envisioned by the Constitution and have to function independently, and effectively, to live up to their mandate. - - SC

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