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1 - 10 of 29 (0.44 seconds)Section 164 in The Companies Act, 2013 [Entire Act]
The Companies Act, 2013
Section 164 in The Companies Act, 1956 [Entire Act]
Section 30 in The Companies Act, 2013 [Entire Act]
The Competition Act, 2002
M.K. Rajagopalan vs Dr. Periasamy Palani Gounder on 3 May, 2023
65. The Hon'ble Supreme Court in 'M.K. Rajagopalan v. Dr. Periasamy
Palani Gounder' CIVIL APPEAL NOS. 1682-1683 OF 2022 (2024) had held that
there is no concept of "deemed disqualification" under Section 164(2) of the
Companies Act, 2013, and that such disqualification cannot be presumed.
The Hon'ble Supreme Court clarified that disqualification of a director must
be formally declared by the competent authority such as the Registrar of
Companies or the Ministry of Corporate Affairs, and cannot be inferred by a
tribunal. In the present case, no material has been placed on record to show
that Respondent No.1 has been formally declared disqualified under Section
164 by the competent authority. In the absence of such declaration, the
ineligibility under Section 29A(e) of the Code cannot be presumed.
Accordingly, the reliance placed by the Respondents on the said judgment
supports their contention.