Compulsory amalgamation of companies by a Central Government ...

Central Government's 2016 company amalgamation order ruled ultra vires Section 396, violates Article 14 of Indian Constitution.

May 8, 2019

Case Laws     Companies Law     SC

Compulsory amalgamation of companies by a Central Government order - It is the Central Government that has to be “satisfied” that its order is in public interest and such “satisfaction” must, therefore, be of the Central Government itself and must, therefore, appear from the order itself - The order dated 12.02.2016 is ultra vires Section 396 of the Companies Act, and violative of Article 14 of the Constitution of India.

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