Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Inherent Power Under Rule 11 Of NCLAT Rules Cannot Be Invoked To Recall Orders Passed By Fraud Or Without Jurisdiction: NCLAT Chennai
The NCLAT (National Company Law Appellate Tribunal), Chennai, has ruled that "inherent power under Rule 11 cannot be invoked to recall orders allegedly passed by fraud or without jurisdiction." Rule 11 of the NCLAT Rules provides inherent powers to deal with matters not specifically covered. However, the tribunal clarified that this power cannot be used to revisit or recall orders that are alleged to be fraudulent or beyond jurisdiction, as such grievances require a more formal legal challenge through review or appeal processes, preserving the finality of orders.