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1 - 10 of 11 (0.41 seconds)Article 80 in Constitution of India [Constitution]
Section 398 in The Companies Act, 1956 [Entire Act]
Section 286 in The Companies Act, 1956 [Entire Act]
Section 399 in The Companies Act, 1956 [Entire Act]
Article 84 in Constitution of India [Constitution]
Section 111 in The Companies Act, 1956 [Entire Act]
Article 48 in Constitution of India [Constitution]
Article 87 in Constitution of India [Constitution]
Parmeshwari Prasad Gupta vs The Union Of India on 2 August, 1973
It is neither probable that the petitioner would have been orally advised of the board meeting. He further submitted that Section 286 of the Act provides that notice of every meeting of the board of directors of the company shall be given in writing to every director of the company, failing which the officer in default shall be punishable with fine which may extend to Rs. 100. The issue of notice is mandatory and the proceedings of the meeting will have to be treated as invalid for want of notice. He relied on Parmeshwari Prasad Gupta v. Union of India, AIR 1973 SC 2389 ; [1974] 44 Comp Cas 1 to show that any resolution passed in a board meeting without prior notice to a director is invalid. There has been no document to show that notice had been issued to the petitioner in compliance with the provisions of Section 286. The petitioner neither received any notice nor attended the board meeting. There has been no document to show that the petitioner attended the meeting. In the absence of the petitioner, there could not have been a valid quorum for the board meeting.