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Companies Law - Highlights / Catch Notes

Home Highlights January 2020 Year 2020 This

Vires of the proviso to Section 167(1)(a) of the Companies Act - ...

Case Laws     Companies Law

January 6, 2020

Vires of the proviso to Section 167(1)(a) of the Companies Act - Disqualification for appointment of Director - The exclusion of Directors from vacating their posts in the defaulting company while doing so in all other companies where they hold Directorship has been done in order to prevent the anomalous situation wherein the post of Director in a company remains vacant in perpetuity owing to automatic application of Section 167(1)(a) to all newly appointed Directors. - Constitutional validity sustained.

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