What is Special Court under the Companies Act, 2013? Discuss any two offences which are triable by these courts ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2023
What is Special Court under the Companies Act, 2013? Discuss any two offences which are triable by these courts ?
Answer & Explanation:
According to section 435(1) of the Companies Act, 2013 (the Act), the Central Government may, for the purpose of providing speedy trial of offences under the Act, except under section 452, by notification establish or designate as many Special Courts as may be necessary. A Special Court shall consist of- a single judge holding office as Session Judge or Additional Session Judge, in case of offences punishable under the Act with imprisonment of two years or more; and a Metropolitan Magistrate or a Judicial Magistrate of the First Class, in the case of other offences, who shall be appointed by the Central Government with the concurrence of the Chief Justice of the High Court within whose jurisdiction the judge to be appointed is working. According to section 436(1)(a) of the Act, notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences specified section 435(1) 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 Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned. Offences Triable by Special Court: Contravention of provisions related to loan, guarantee etc. for the purpose of purchase or subscription for any shares in the company or in its holding company. Matters pertaining to knowingly failure to distribute dividends. Matter related to Fraud including repayment of any debt Contribution in contravention of the provisions relating to Prohibitions and restrictions regarding political contributions. Disobeying the direction issued by the Registrar or the inspector under section 207. Disobeying the direction issued by the Registrar or the inspector under section 217.
Topics: Companies Act, 2013
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