https://www.taxtmi.com/caselaws?id=97777 Section 312 of the Companies Act, 1956 voids assignment of a director's existing office, not appointment of a successor to a vacant office. The term "his office" concerns an office already held, whereas appointment operates after a vacancy arises. Treating appointment as assignment would conflict with section 255, which permits director appointments otherwise than at a general meeting where the articles authorise them. The Act does not prohibit lawful succession under the articles. Accordingly, an articles-based appointment by will of a successor managing director after the incumbent's death remains valid and is not void under section 312. en-us Fri, 16 Dec 1960 00:00:00 +0530 Wed, 18 Jan 2012 10:45:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97777 Section 312 of the Companies Act, 1956 voids assignment of a director's existing office, not appointment of a successor to a vacant office. The term "his office" concerns an office already held, whereas appointment operates after a vacancy arises. Treating appointment as assignment would conflict with section 255, which permits director appointments otherwise than at a general meeting where the articles authorise them. The Act does not prohibit lawful succession under the articles. Accordingly, an articles-based appointment by will of a successor managing director after the incumbent's death remains valid and is not void under section 312. Case-Laws Companies Law Fri, 16 Dec 1960 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97777