2 clsp jurisdiction of court

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  • 7/31/2019 2 CLSP Jurisdiction of Court

    1/1

    Jurisdiction of Courts

    Subscribing Petition/ Interim Relief

    Facts Grounds Why Plea What do you want?

    Jurisdiction of Courts1 u/s 7 & 10

    JURISDICTION

    Original Side2 Appellant Side3

    Under this Ordinance High Court Registered Office Supreme Court

    Winding up* High Court Registered Office Supreme Court**

    Civil Case District Court High Court

    * For the purposes of winding up, expression registered office means the place whichhas longest been the registered office of the company during the six months

    immediately preceding the presentation of the petition for winding up.

    ** Company ordered to be wound up has share capital not less than Rs.1 Million. Save as4 provided in case of Company wounding up, an appeal from any order made or

    decision given by the Court shall lie in the same manner in which appeals lie from any

    order or decision of the court. An appeal thus filed shall be finally disposed of by the

    Court hearing the appeal within ninety days of the submission of the appeal.

    Constitution of Company benches u/s 8

    In each High Court there will be one or more benches, each to be known as theCompany Bench5

    Constituted by the Chief Justice of the High Court to exercise the jurisdictionProcedure of the Court u/s 9

    Matters coming before court under this ordinance shall be disposed of, and thejudgment6 pronounced, not later than 90 days from the date of presentation of the

    petition,

    Hearing of the matters under this Ordinance shall not be adjourned7 (except forsufficient cause to be recorded) for more than fourteen days at any one time or for more

    than thirty days in all, and

    The court shall follow the summary procedure8. In extraordinary circumstances and on grounds to be recorded, the Court shall hear thecase from day to day.

    1Court: The Court mans the court having jurisdiction under this Ordinance;2Original Side: Side where the case is first time filed.

    3Appellate Side: Where against the order of original side appeal is filed.4Save as: Barring, besides, but for, excepting, lacking, leaving out, not including;5Bench: Judges Side

    6Judgment: Means a final judgment recorded in writing.

    7Adjournment: When for certain number of days case is deferred.8

    Summary Procedure: Issues are discussed only with minimum documents