Section 167(1)(a) of Companies Act: Directors Can Stay in Defaulting Company, Vacate Other Posts; Validity Upheld.

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Full Text of the Document

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....Vires of the proviso to Section 167(1)(a) of the Companies Act - Disqualification for appointment of Director - The exclusion of Directors from vacating their posts in the defaulting company while doing so in all other companies where they hold Directorship has been done in order to prevent the anomalous situation wherein the post of Director in a company remains vacant in perpetuity owing to automatic application of Section 167(1)(a) to all newly appointed Directors. - Constitutional validity sustained.....