SECTION 463. POWER OF COURT TO GRANT RELIEF IN CERTAIN CASES
[Effective from 12th September, 2013]
(1) If in any proceeding for negligence, default, breach of duty, misfeasance or breach of trust against an officer of a company, it appears to the court hearing the case that he is or may be liable in respect of the negligence, default, breach of duty, misfeasance or breach of trust, but that he has acted honestly and reasonably, and that having regard to all the circumstances of the case, including those connected with his appointment, he ought fairly to be excused, the court may relieve him, either wholly or partly, from his liability on such term, as it may think fit:
Provided that in a criminal proceeding under this sub-section, the court shall have no power to grant relief from any civil liability which may attach to an officer in respect of such negligence, default, breach of duty, misfeasance or breach of trust.
(2) Where any such officer has reason to apprehend that any proceeding will or might be brought against him in respect of any negligence, default, breach of duty, misfeasance or breach of trust, he may apply to the High Court for relief and the High Court on such application shall have the same power to relieve him as it would have had if it had been a court before which a proceedings against that officer for negligence, default, breach of duty, misfeasance or breach of trust had been brought under sub-section (1).
(3) No court shall grant any relief to any officer under sub-section (1) or sub-section (2) unless it has, by notice served in the manner specified by it, required the Registrar and such other person, if any, as it thinks necessary, to show cause why such relief should not be granted.
To the corporatelawreporter.com admin, Your posts are always insightful and valuable.
Heya i’m for the first time here. I came across this board and I find It really useful & it helped me out much.
I hope to give something back and help others like you helped me.
I love it when individuals come together and share views. Great website, continue the good work!
Unquestionably believe that which you said.
Your favorite justification seemed to be on the web the easiest
thing to be aware of. I say to you, I definitely get
annoyed while people consider worries that they just do not know about.
You managed to hit the nail upon the top and defined out the whole thing
without having side effect , people could take a signal.
Will probably be back to get more. Thanks