Training and Placement Cell, Symbiosis Law School, NOIDA organised Interactive Session on Emerging Corporate Law under Insolvency and Bankruptcy Code, 2016 on Thursday, March 07, 2019 from 02:30pm – 04:30pm.

About the Resource Person

Hon’ble Mr. Justice Sudhansu Jyoti Mukhopadhaya, Chairperson, National Company Law Appellate Tribunal, Delhi and Former Judge, the Supreme Court of India

Mr. Justice Sudhansu Jyoti Mukhopadhaya born on March 15, 1950, is the son of late Shri Sarojendu Mukherjee who was a leading practitioner especially Constitutional and in Service law in the High Court of Patna. He passed the B.Sc. examination in 1971 from Magadh University and obtained his LL. B Degree in 1979 from the University of Patna. Enrolled as an Advocate on May 18, 1979 and practiced at the Patna and Ranchi Benches of the High Court of Patna in Constitutional, Service, Civil and Criminal matters. He was designated as Senior Advocate in February 1993.

Mr. Justice S J Mukhopadhaya was appointed as a permanent Judge of the High Court of Patna on November 08, 1994. He was transferred on November 15, 2000 as permanent judge of the High Court of Jharkhand on its creation, where he served as the Acting Chief Justice for about a year and three months. On August 31, 2006 he was transferred and joined as the first puisne judge in the High Court of Madras where he also functioned as the Acting Chief Justice for about five months. Thereafter from December 08, 2009 to September 12, 2011, he was the Chief Justice of the High Court of Gujarat.

As a Judge Mr. Justice S J Mukhopadhaya has decided several important civil and Constitutional cases and to name a few- like the vires of the Bihar Panchayat Raj Act, 1993, in which case it was held that the reservation limit of 50% is applicable so far as Article 243D of the Panchayat Raj Act is concerned. The reservation for the seat of “Mukhiya” or “Pramukh” or “Adhyakchh”, the seat being a solitary post would amount to 100% reservation, which is not permissible. Therefore, no reservation could be made for the aforesaid seat.

As a Judge of the Hon’ble High Court of Patna, Sitting in Division Bench Mr. Justice S J Mukhopadhaya decided the ‘Fodder scam’ and ‘Bitumen scam’ cases. He was part of the Bench of the Hon’ble Supreme Court, which held that Section 377 IPC does not suffer from the vice of unconstitutionality.

Mr. Justice S J Mukhopadhaya was also part of the Bench of the Hon’ble Supreme Court which ruled that Section 8(4) of the Representation of the People Act, which allow elected representatives three months to appeal their conviction and not to give effect to the conviction by trial Court, as unconstitutional and further held that any Member of Parliament or Member of the Legislative Assembly or Member of a Legislative Council whoever is convicted of a crime and awarded a minimum of two year imprisonment, loses membership of such House with immediate effect.

After the retirement, Mr. Justice S J Mukhopadhaya has been appointed as the first Chairperson of National Company Law Appellate Tribunal on June 01, 2016. In his capacity as the Chairperson, he has delivered judgements explaining different provisions of newly enacted Insolvency and Bankruptcy Code, 2016 on which there is no precedent.

Join the discussion

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.