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APPLICATION SEEKING CONDONATION OF DELAY IN FILING APPEAL UNDER SECTION 58 OF THE COMPANIES ACT, 2013 READ WITH THE NATIONAL COMPANY LAW TRIBUNAL RULES 2016
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There is a delay in filing an Appeal before NCLT for transferring the shares in favour of the Appellant. This is the standard precedent of an Application seeking condonation of delay in filing Appeal under Section 58 of the Companies Act, 2013 read with the National Company Law Tribunal Rules 2016.
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FIRST APPEAL CHALLENGING THE JUDGMENT AND DECREE PASSED BY THE LOWER CIVIL COURT BEFORE THE SUPERIOR COURT
This is a precedent of First Appeal to High Court. First Appeal challenging the Judgment and order passed by the Lower Civil Court before the Superior Court. An aggrieved party to any decree, which was passed by a Court while exercising its original jurisdiction, is conferred with at least one right to appeal to a higher authority designated for this purpose, unless the provisions of any statute make an exception for it.
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APPEAL UNDER SECTION 61 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016 (`IB CODE’) AGAINST THE IMPUGNED ORDER OF THE NATIONAL COMPANY LAW TRIBUNAL (NCLT)
The National Company Law Tribunal (NCLT) has passed an Order. The aggrieved party desires to challenge the same before The National Company Law Appellate Tribunal (NCLAT). This is the precedent of an Appeal challenging the said Order under the provisions of The Insolvency and Bankruptcy Code, 2016.
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MISCELLANEOUS APPLICATION FOR CONDONING THE DELAY IN FILING THE APPEAL BEFORE THE SECURITIES APPELLATE TRIBUNAL (SAT)
This is a precedent for Miscellaneous Application for Condoning the delay in filing the Appeal before the Securities Appellate Tribunal.
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APPEAL UNDER SECTION 15-T OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992, BEFORE THE SECURITIES APPELLATE TRIBUNAL (SAT) CHALLENGING THE ORDER (PENALTIES AND ADJUDICATION) OF SECURITIES AND EXCHANGE BOARD OF INDIA PASSED UNDER CHAPTER VIA OF THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992
This is a precedent of an appeal under section 15-T of the Securities and Exchange Board of India Act, 1992, before the Securities Appellate Tribunal (SAT) challenging the order (Penalties and Adjudication) of Securities and Exchange Board of India passed under Chapter via of the Securities and Exchange Board of India Act, 1992.
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THE DECREE/ JUDGMENT PASSED BY ANY APPELLATE CIVIL COURT IN THE FIRSTÂ APPEALÂ WHICH COURT IS SUBORDINATE TO HIGH COURT CAN BE CHALLENGED BY WAY OF AÂ SECOND APPEALÂ BEFORE THE HIGH COURT IF THE CASE INVOLVES A SUBSTANTIAL QUESTION OF LAW (SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908)
"The decree/ judgment passed by any appellate Civil Court in the first appeal which court is sub-ordinate to High Court can be challenged by way of a second appeal before the High Court provided the case involves a substantial question of law. This is a precedent of Second Appeal under Section 100 of the Code of Civil Procedure, 1908."
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ARBITRATION APPLICATION UNDER SECTION 11 TO THE HON’BLE COURT FOR APPOINTMENT OF AN ARBITRATOR
This is the precedent of an Application under Section 11 of Arbitration and Conciliation Act, 1996 which empowers the Court to examine the existence of an Arbitration Agreement while deciding the Application for Appointment of an Arbitrator.
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GROUNDS OF APPEAL TO BE FILED BEFORE THE INCOME TAX APPELLATE TRIBUNAL ALONGWITH FORM NO. 36 [Rule 47(1)] UNDER SECTION 253 OF THE INCOME TAX ACT,1961 AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)
The Commissioner of Income Tax (Appeals) under the Income Tax Act has passed an Order against the Assessee. Now this needs to be challenged further. This is the precedent of Grounds of Appeal to be filed before the Income Tax Appellate Tribunal along with Form No.36 [Rule 47(1)] under Section 253 The Income Tax Act against the Order of Commissioner of Income Tax (Appeal)
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CIVIL REVISION APPLICATION CHALLENGING THE JUDGMENT AND ORDER PASSED BY APPELLATE BENCH OF SMALL CAUSES COURT
This is a precedent of Revision Petition to the Hon’ble High Court under section 115 of the Civil Procedure Code,1908.A revision to High Court is available only in those cases and against such orders where no appeal lies and revisional jurisdiction can be exercised suo moto in certain cases including on the ground of jurisdiction error.
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INVOCATION NOTICE UNDER ARBTIRATION AND CONCILIATION ACT, 1996 FOR APPOINTMENT OF ARBITRATOR
Disputes have arose between the Parties and the Agreement between them provides for referring the same to Arbitration. This is the precedent of Invocation Notice under the Arbitration and Conciliation Act, 1996 for Appointment of Arbitrator/s to arbitrate dispute between the Parties as per the written contract.
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WRIT PETITION (WRIT OF CERTIORARI AND MANDAMUS) TO BE FILED BEFORE THE HIGH COURT FOR CHALLENGING ACTION BY THE REGISTRAR OF COMPANIES (ROC) FOR DISQUALIFICATION THE PETITIONER AS DIRECTOR
The Petitioner is disqualified to act as the Director by the Registrar of Companies. The decision of the Registrar of Companies needs to be challenged. This is the precedent of Writ Petition (Writ of Certiorari and Mandamus) to be filed before the High Court for Challenging action by the Registrar of Companies (ROC) for disqualification the Petitioner as Director.
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AN APPEAL BEFORE DRAT CHALLENGING THE INTERIM ORDER OF THE DRT
This is a precedent of an appeal before the Debt Recovery Appellate Tribunal Challenging the interim order of the Debt Recovery Tribunal under Section 20 of the Recovery of Debt due to Bank and Financial Institutions Act, 1993.
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COMPANY PETITION FOR OPPRESSION AND MIS MANAGEMENT
The Petitioners are minority shareholders. The Respondents are managing the Company to their benefit and detrimental to the interest of the Company and the Shareholders. The conduct of the Respondents is oppressive. This is the precedent of Company Petition for oppression and mismanagement to be preferred before NCLT.
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