Under Section 408 Companies Act 2013, the NATIONAL COMPANY LAW TRIBUNAL (NCLT) was constituted by the Central Government, taking over jurisdiction over:
Answer & Solution
Correct answer: A.
1. Section 408 Companies Act 2013 empowers the Central Government to constitute the NCLT consisting of a President and such number of Judicial and Technical Members as it deems necessary.
2. NCLT was constituted in June 2016 and took over jurisdiction: (a) over CLB matters from 1 June 2016; (b) over winding-up matters (previously with the High Court) from 1 December 2016; (c) over BIFR/AAIFR (sick industrial companies) on dissolution of those bodies.
3. UoI v. R. Gandhi (Madras Bar Association case, 2010) upheld the constitutionality of NCLT/NCLAT with conditions on appointment of members.
4. Section 410 establishes the NCLAT (appellate tribunal); appeals to the Supreme Court lie under Section 423 (only on substantial question of law).
5. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Sections 408-410; UoI v. R. Gandhi, (2010) 11 SCC 1_
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