Meaning of Court under Section 2(29) of the Companies Act 2013
Section 2(29) of the Companies Act, 2013 defines the expression "court" for the purposes of the Act. The definition is jurisdiction-specific: depending on the nature of the matter, the place of the company's registered office and the statutory allocation of jurisdiction, the relevant court may be a High Court, District Court, Court of Session, Special Court, Metropolitan Magistrate or Judicial Magistrate of the First Class.
Definition of Court under Section 2(29)
Section 2(29) - "court" means:
- the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situated, except to the extent jurisdiction has been conferred on a District Court or District Courts subordinate to that High Court under clause (ii);
- the District Court where the Central Government has, by notification, empowered that District Court to exercise all or any of the jurisdiction conferred upon the High Court, within the scope of its jurisdiction, in respect of a company whose registered office is situated in the district;
- the Court of Session having jurisdiction to try an offence under the Companies Act, 2013 or under any previous company law;
- the Special Court established under Section 435; and
- any Metropolitan Magistrate or Judicial Magistrate of the First Class having jurisdiction to try an offence under the Companies Act, 2013 or under any previous company law.
Which courts are covered by Section 2(29)?
| Court | Role under Section 2(29) |
|---|---|
| High Court | Jurisdiction is linked principally to the place of the company's registered office, subject to jurisdiction validly conferred on District Courts. |
| District Court | Included where the Central Government has empowered the District Court by notification to exercise specified jurisdiction otherwise conferred on the High Court. |
| Court of Session | Included where it has jurisdiction to try an offence under the 2013 Act or a previous company law. |
| Special Court | A Special Court established or designated under Section 435 for the speedy trial of offences covered by that provision. |
| Metropolitan Magistrate or Judicial Magistrate First Class | Included where the Magistrate has jurisdiction to try an offence under the 2013 Act or previous company law. |
Section 435 and Special Courts
Section 2(29)(iv) expressly includes a Special Court established under Section 435. Under the current Section 435 framework, the Central Government may, by notification, establish or designate Special Courts for speedy trial of offences under the Companies Act, except the offence under Section 452. The composition of the Special Court depends on the punishment attached to the offence.
For offences punishable with imprisonment of two years or more, the Special Court consists of a single judge holding office as a Sessions Judge or Additional Sessions Judge. For other offences covered by Section 435, it consists of a Metropolitan Magistrate or Judicial Magistrate of the First Class, appointed by the Central Government with the concurrence of the Chief Justice of the relevant High Court.
How jurisdiction is determined
Section 2(29) should be read with the particular provision that creates or confers jurisdiction. The definition does not mean that every court listed in Section 2(29) can exercise jurisdiction in every company-law matter. The applicable forum depends on the nature of the proceeding, territorial jurisdiction, the company's registered office, relevant Central Government notifications and the provisions governing Special Courts and offences.
Official legal source
The current text of the Companies Act, 2013, including Section 2(29) and Section 435, can be checked on the official India Code portal maintained by the Government of India.
Companies Act 2013 - India Code
Related Companies Act definitions
Section 2 contains the statutory definitions used throughout the Companies Act, 2013. The following related pages may be useful for reading the surrounding definitions: