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Special Courts under Companies Act, 2013

Establishment of Special Courts under Provisions of Companies Act

Phrase Special Courts refers to courts which are special in nature in the sense that those courts are not part of normal hierarchy of courts established and are in operation under various laws. Special courts can be set up or created for deciding all matter arising in respect of a newly enacted law or to decide any specific case under a particular law or to decide all cases under certain provisions of some existing laws. In short, special courts can be defined as courts, within the judicial branch of government that generally address only one area of law or are clothe with specific powers. Present article is, however, confined to special courts, which can be set up under Companies Act, 2013.

S.S. Agrawal

1. Introduction

Before considering the relevant provisions of the Companies Act, 2013, it would be pertinent to point out that the government has enacted a specific Act named THE SPECIAL COURTS ACT, 1979 for speedy trial of certain class of offences in India. The provisions of the said Act specify that the Central Government shall, by notification in the Official Gazette, establish an adequate number of courts to be called Special Courts. The Act makes detailed provisions in regard to working of the said Act. It specifies that a Special Court shall take cognizance of or try such cases as are instituted before it or transferred to it as provided therein. However, as stated above, area of present article is confined to the Special Courts as contemplated under the provisions of Companies Act, 2013.

2. Relevant Provisions of under Companies Act, 2013 in regard to Special Courts

(i) Objective of establishment of Special Court

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