Companies Act Provisions on Disqualification and Vacation of Directorship can’t be applied Retrospectively

30
12/2019

Companies Act Provisions on Disqualification and Vacation of Directorship can’t be applied Retrospectively

In W.P.(C) 9088/2018 &CM Appln. No.35006/2018, MUKUT PATHAK vs UNION OF INDIA, the Delhi High Court has held that the operation of the provisos to Section 164(2) ( Disqualification ) and Section 167(1)(a) (Vacation of Directorship) of the Companies Act cannot be read to operate retrospectively.

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