TYPES OF CRIMES IN LAW

Image
There are following types of crimes in law 1.  Theft something is stolen is called theft. 2.   Robbery taking something by force.  3.   Burglary breaking  into somebody's house. 4.   Shoplifting stealing merchandise. 5.   Smuggling taking goods illegally from country to country.  6    Murder/homicide  taking someone's life through violence.  7    speeding driving too fast.  8    Assessination killing someone  for hire  or fanaticism.  9.   Torture treating someone cruelly  and  unfairly.  10.  Trafficking trading in goods often illegally in case of drugs. 11.   Vandalism damaging public property.  12.    Rape someone  to have sexual relation by force.

Jurisdiction of company

JURISDICTION OF COMPANY LAW BOARD

Companies Act, 2013 introduced the National Company Law Tribunal (NCLT) to replace the existing Company Law Board. The intention behind establishing a new tribunal is to relieve the courts of the unnecessary burden and all the matters pending before the Company Law Board are to be transferred to the NCLT as per the Company Act, 2013. But the tribunal is yet not established and the Company Law Board is presiding over all the pending and fresh matters in relation to the company law.
Company law Board was established vide Notification No. 364 dated 31st May, 1991. The procedures for filling the applications/petitions before the Company Law Board have been laid down under the “Company Law Board Regulations, 1991”. The powers and functions of Company Law Board are enumerated under Section 10E of the Company Act, 1956, wherein sub-section (4C) and (4D) lays down several matters upon which it enjoys the powers vested in a Court under the Code of Civil Procedure, 1908 and sub-section (5) states that powers and functions shall be guided by the principles of natural justice and on the board’s discretion.                                                                                                                                          

CIVIL COURT’S JURISDICTION IN RELATION TO COMPANY LAW MATTERS

The jurisdiction of civil court over the company law matters has always been a debatable issue. The main contention put forth against the civil court’s jurisdiction is that the position of Company Law Board has been kept at par with that of Civil Court because of which the appeal against any decision or order of company law board is to be filed before High Court. It is always debated that, since a special body has been established to adjudicate over the matters related to company law it automatically ousts the jurisdiction of civil court.
The issue at hand can be best understood with the help of the decided cases wherein the courts have minutely analyzed and read Section 9 of CPC, 1908, in relation to the intention and powers conferred to company law board under the Companies Act, 1956. Some of the important decisions are as under:

Comments

Popular posts from this blog

Stages of criminal trial

Procedure of the court and appeal in Company Law

TYPES OF CRIMES IN LAW