NCLT and NCLAT – Test 1

Who shall constitute National Company Law Tribunal?

Who is eligible to become the President of National Company Law Tribunal?

What is the required qualification of Judicial member of National Company Law Tribunal?

A person shall not be qualified for appointment as a Technical Member of NCLT unless he is a person of proven ability, integrity and standing having special knowledge and professional experience of not less than ________, in industrial finance, industrial management, industrial reconstruction, investment and accountancy.

Which of the following person shall be qualified for appointment as a Technical Member of NCLT?

Who shall constitute National Company Law Appellate Tribunal?

National Company Law Appellate Tribunal is Constituted for hearing appeals against

1. the order of the Tribunal
2. the orders of the National Financial Reporting Authority under Companies Act, 2013
3. any direction, decision or order referred to in Sec. 53N of Competition Act, 2002 in accordance with the provisions of that Act.

Choose the correct one

The chair person of National Company Law Appellate Tribunal shall be a person

1. who is or has been a Judge of the Supreme Court.
2. who is or has been a Chief Justice of the High Court.
3. who is or has been a Judge of a High Court for 5 years.

Choose the correct one

The Judicial member of National Company Law Appellate Tribunal shall be a person

1. who is or has been a Judge of a High Court.

2. who is or has been a District Judge for atleast 5 years.

3. is a Judicial Member of the Tribunal for 5 years

Choose the correct one

Mr. RG is a practicing Chartered Accountant and having 15 years of Professional Experience. Is he eligible to be appointed as Technical Member of the National Company Law Tribunal and National Company Law Appellate Tribunal as per the provisions of the Companies Act, 2013?

Who shall be the Chairperson of the Selection Committee for the appointment of members of NCLT and NCLAT?

Who shall be the Convener of the Selection Committee for the appointment of members of NCLT and NCLAT?

Where in a meeting of the Selection Committee, there is equality of votes on any matter, who shall have a casting vote?

Is there any restriction as to minimum age of the members of the NCLT and NCLAT?

What is the restriction as to age of members of NCLAT?

In the event of the occurrence of any vacancy in the office of the President or the Chairperson by reason of his death, resignation or otherwise, ________ shall act as the President or the Chairperson, as the case may be, until the date on which a new President or Chairperson appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office.

The President, the Chairperson or any Member of NCLT or NCLAT may, by notice in writing under his hand addressed to _______, resign from his office.

Mr. Ram was appointed as the the member of the National Company Law Tribunal. He (at the age of 63 years) has now resigned from his office by giving a notice to the Central Government, by starting that he will stop acting as a member to NCLT with immediate effect. The Central Government tells him that you have to continue until a person duly appointed as your successor enters upon the office. Is the contention of Central Government correct?

The Central Government may remove from office the President, Chairperson or any Member, who has been adjudged an insolvent in the following manner:

1. after consultation with the Chief Justice of India
2. after any inquiry made by a Judge of the Supreme Court nominated by the Chief Justice of India
3. after giving him a reasonable opportunity of being heard

Choose the correct one

The President, the Chairperson or the Member shall be removed on the ground of proved misbehavior or incapacity from his office int the following manner:

1. By an order made by the Central Government.
2. After an inquiry made by a Judge of the Supreme Court nominated by the Chief Justice of India on a reference made to him by the Central Government.
3. After informing of the charges against such President, the Chairperson or Member and giving him a reasonable opportunity of being heard which.

Choose the correct one

How many Benches of the Tribunal shall be constituted as per the provisions of Companies At, 2013?

The Principal Bench of the Tribunal shall be at ________ which shall be presided over by the President of the Tribunal.

What is the Composition of Benches to Exercise powers of NCLT?

Benches of Tribunal shall take the decision by majority. But if the Members are equally divided and there is no majority, who shall take the decision?

Every appeal shall be filed within a period of _________ from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such from, and accompanied by such fees, as may be prescribed

Every application or petition presented before the Tribunal and every appeal filed before the Appellate Tribunal shall be dealt with and disposed of by it as expeditiously as possible and every endeavor shall be made by the Tribunal or the Appellate Tribunal, as the case may be, for the disposal of such application or petition or appeal within _______ from the date of its presentation before the Tribunal or the filing of the appeal before the Appellate Tribunal.

Any person aggrieved by any order of the Appellate Tribunal may file an appeal to the-

All proceedings before the Tribunal or the Appellate Tribunal shall be deemed to be ________, and the Tribunal and the Appellate Tribunal shall be deemed to be ________ for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973.

What is the power of Tribunal to Punish for contempt?

What is true about application of Limitation Act on Tribunal?