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Companies Law - Highlights / Catch Notes

Home Highlights January 2023 Year 2023 This

Validity of prosecution against the petitioner/director - The ...


Prosecution Valid for Additional Director; Responsibilities Align with Director, Not Independent Director; Quashing Attempts Misuse Court Powers.

January 23, 2023

Case Laws     Companies Law     HC

Validity of prosecution against the petitioner/director - The responsibility of an Additional Director being the same as that of a director (but different from an independent director) they remain responsible, as the statute provides for the same - Thus to quash the proceedings by exercising this Courts inherent powers would amount to an abuse of the process of Court and would also amount to serious miscarriage of justice. - HC

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