Section 438 The Company Act 2013

Section 438 The Company Act 2013

Application of Code to proceedings before Special Court Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be 1[deemed to be a Court of Session or the court […]

Section 437 The Company Act 2013

Section 437 The Company Act 2013

Appeal and revision The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session

Section 436 The Company Act 2013

Section 436 The Company Act 2013

Offences Triable by Special Courts (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— (a) 1[all offences specified under sub-section (1) of section 435] shall be triable only by the Special Court established for the area in which the registered office of the company in relation to which the offence is committed or where there are more Special

Section 435 The Company Act 2013

Section 435 The Company Act 2013

Establishment of Special Courts (1) The Central Government may, for the purpose of providing speedy trial of 2[offences under this Act, except under section 452, by notification] establish or designate as many **Special Courts as may be necessary. (2) A **Special Court shall consist of— (a) a single judge holding office as Session Judge or Additional Session Judge, in

Section 434 The Company Act 2013

Section 434 The Company Act 2013

Transfer of Certain Pending Proceedings (1) On such date as may be notified by the Central Government in this behalf,— (a) all matters, proceedings or cases pending before the Board of Company Law Administration (herein in this section referred to as the Company Law Board) constituted under sub-section (1) of section 10E of the Companies

Section 433 The Company Act 2013

Section 433 The Company Act 2013

Limitation The provisions of the Limitation Act, 1963 shall, as far as may be, apply to proceedings or appeals before the Tribunal or the Appellate Tribunal, as the case may be.

Section 432 The Company Act 2013

Section 432 The Company Act 2013

Right to Legal Representation A party to any proceeding or appeal before the Tribunal or the Appellate Tribunal, as the case may be, may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case before the Tribunal or the Appellate Tribunal, as the case may be.

Section 431 The Company Act 2013

Section 431 The Company Act 2013

Vacancy in Tribunal or Appellate Tribunal not to Invalidate Acts or Proceedings No act or proceeding of the Tribunal or the Appellate Tribunal shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Tribunal or the Appellate Tribunal, as the case may be.

Section 430 The Company Act 2013

Section 430 The Company Act 2013

Civil Court Not to Have Jurisdiction No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or any other law for the time being in force and no injunction shall be granted by any court or other authority in respect

Section 429 The Company Act 2013

Section 429 The Company Act 2013

Power to Seek Assistance of Chief Metropolitan Magistrate, etc. (1) The Tribunal may, in any proceeding relating to a sick company or winding up of any other company, in order to take into custody or under its control all property, books of account or other documents, request, in writing, the Chief Metropolitan Magistrate, Chief Judicial Magistrate or the District Collector within whose jurisdiction any