Home › CS Executive › jurisprudence › NCLT and Special Courts under Companies Act › The Supreme Court in *Virindar Kumar Satyawadi v…
The Supreme Court in *Virindar Kumar Satyawadi v. State of Punjab*, AIR 1956 SC 153, distinguished a **Court** from a **quasi-judicial tribunal**. According to the lesson, the test is whether the body is:
A{'text': 'Charged with a duty to decide disputes in a judicial manner and to declare the rights of the parties in a definitive judgment after hearing evidence', 'label': 'A'}
B{'text': 'Created by an Act of Parliament rather than by any executive order of the Central or any State Government in any State of India for any purpose of any nature', 'label': 'B'}
C{'text': 'Composed exclusively of retired judges of the High Courts and the Supreme Court of India and not of any technical members of any other description', 'label': 'C'}
D{'text': 'Sitting in a designated court-room of any High Court of any State of India and not in any office building or any other premises of any other description', 'label': 'D'}
Answer & Solution
Correct answer: A. {'text': 'Charged with a duty to decide disputes in a judicial manner and to declare the rights of the parties in a definitive judgment after hearing evidence', 'label': 'A'}
1. *Virindar Kumar Satyawadi v. State of Punjab*, AIR 1956 SC 153, is the leading authority on the Court/tribunal distinction.
2. The Court said: "What distinguishes a Court from a quasi-judicial tribunal is that it is **charged with a duty to decide disputes in a judicial manner and declare the rights of parties in a definitive judgment**."
3. The judicial manner involves hearing parties, taking evidence, deciding on consideration of evidence and according to law.
4. The other features (act of creation, composition, location) are not the test in *Virindar Kumar*.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 12 (Special Courts, Tribunal under Companies Act and other Legislations), pp. 273-283._
Related questions
Under Section 441 of the Companies Act, 2013, the **Special Courts** under the Act may comUnder Section 426 of the Companies Act, 2013, the NCLT has the power to:Under Section 271 of the Companies Act, 2013, the NCLT may wind up a company under variousUnder Section 252(1) read with Section 248, the NCLT may order **winding up of a company wUnder Section 130(1) of the Companies Act, 2013, the NCLT may allow a company to:Under Section 410 of the Companies Act, 2013, the **National Company Law Appellate TribunaUnder Sections 230, 231 and 232 of the Companies Act, 2013, the NCLT supervises **compromiUnder Section 7(7) of the Companies Act, 2013, if a company has been incorporated by furni