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Companies Law - Highlights / Catch Notes

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Oppression and Mismanagement - validity of Board Meetings - ...


Director's Resignation Withdrawal Valid as Board Reaccepts; Highlights Duomatic Principle on Member Consent in Corporate Governance.

May 20, 2022

Case Laws     Companies Law     SC

Oppression and Mismanagement - validity of Board Meetings - validity of withdrawal of resignation from the post of Directorship - the thrust of the Duomatic Principle is that strict adherence to a statutory requirement may be dispensed with if it is demonstrated otherwise on facts, if the same is consented by all members. In this case at hand, there is overwhelming evidence to show that respondent No. 1 had accepted Mr. G.V. Rao back into the Board and her conduct clearly shows that the resignation dated 06.04.2013 was clearly not accepted. - SC

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