Disqualification to act as the Directors/office bearers of ...

Court Allows Writ Petition Under Article 226 for Director Disqualification Cases u/s 164(2) of Companies Act 2013.

January 11, 2021

Case Laws Companies Law HC

Disqualification to act as the Directors/office bearers of respondent - The disqualification for reappointment prescribed by Section 164(2) of the Companies Act, 2013 is for a period of five years. As initiation of civil proceedings and final culmination of the proceedings after appeals provided under the Code of Civil Procedure, 1908, ordinarily takes more than five years, this Court finds that civil remedy is not an efficacious alternate remedy and consequently a writ petition under Article 226 of the Constitution of India will be maintainable in appropriate cases. - HC

View Source

← Previous Next →

Disqualification to act as the Directors/office bearers of ...

Court Allows Writ Petition Under Article 226 for Director Disqualification Cases u/s 164(2) of Companies Act 2013.

January 11, 2021

Case Laws Companies Law HC

You may also like:

Disqualification of Directors - cessation of office as directors - non-filing balance sheets and annual returns for a continuous period of three years from the year...

Disqualification of a director of the financial creditor to sign the Section 7 application was challenged. The application u/s 7, signed by the director of the financial...

Disqualification of Directors - harmoniously read, the interplay between Section 164 and 167 is that the office of a director of a company will not automatically fall...

Disqualification upon the petitioners for acting as Directors of Companies - Deactivation of DIN - Section 164(2) must be given only prospective operation and the...

Disqualifications for appointment of director - where a person is appointed as a director of a company which is in default of clause (a) or clause (b), he shall not...

Disqualification of Directors - defaulting directors - Section 164(2) of the Act operates prospectively i.e. w.e.f 7.5.2018. - However, such prospective operation would...

Deactivation of DINs of petitioner - Since such DIN is allocated under Section 154 of the 2013 Act, and there is no provision in the Act for the deactivation of the DIN...

Disqualification of the petitioners as Directors - repayment of deposits - In view of the exemption under the 1975 Rules, more specifically Rules 2(b)(ix) and (xi) of...

Disqualifications for appointment of director - certain disqualifications to continue to apply even if appeal or petition is filed - Section 164(3) of the Companies Act, 2013

Disqualification of Director under section 164(2) of the Companies Act, 2013 - Different High Courts have taken same stand that DIN cannot be cancelled or deactivated...

Disqualification of Directors - While holding the Company responsible and to face consequences of such violation, Legislature has found it appropriate to hold the person...

Disqualification of erstwhile Director - Since the petitioner had resigned from the Board of Directors prior to 01.11.2014, he cannot be held to have been disqualified...

Disqualification of Directors. - Section 164(2)(a) of the Act resulting in an ineligibility for a director after a lapse of three consecutive financial years cannot be...

Vacation of office of director - where he incurs disqualification under sub-section (2) of section 164, the office of the director shall become vacant in all the...

Territorial jurisdiction to entertain the writ petition under Article 226 (2) of the Constitution of India - even though a part of cause of action arises in this State,...

Quick Updates: