Provision for professional assistance to Company Liquidator
Section 291 of the Companies Act, 2013 deals with provision for professional assistance to Company Liquidator. The Company Liquidator may, with the sanction of the Tribunal, appoint one or more chartered accountants or company secretaries or cost accountants or legal practitioners or such other professionals on such terms and conditions, as may be necessary, to assist him in the performance of his duties and The Act came into force on 01 Apr 2014.
(1) The Company Liquidator may, with the sanction of the Tribunal, appoint one or more chartered accountants or company secretaries or cost accountants or legal practitioners or such other professionals on such terms and conditions, as may be necessary, to assist him in the performance of his duties and functions under this Act.
(2) Any person appointed under this section shall disclose forthwith to the Tribunal in the prescribed form any conflict of interest or lack of independence in respect of his appointment.
Section 291, The Companies Act, 2013 (Act 18 of 2013).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Panneerselvam vs Bajaj Finance Limited Rep by Its S.sarayanabhavan
Court's Decision & Legal Precedent
The principle that an ex-director cannot be held liable for acts of the company post-resignation, as established in Harshendra Kumar v. Rebatilata Koley, is not automatically applicable to criminal proceedings involving Electronic Funds Transfer mandate dishonour under Section 25 of the Payment and Settlement System Act, as distinguished from Section 138 Negotiable Instrument Act cheque dishonour cases. However, procedural fairness requires that the present director of the company be impleaded in the proceedings, and the petitioner retains the right to seek discharge before the trial court.
On this section: Referenced in the cited judgment regarding corporate criminal liability and director responsibility
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… V.K. Vora &Anr. , (2009) 10 SCC 48, the Hon"ble Supreme Court, while observing that in cases of non-Director officers, it is all the more necessary to aver their role played in the conduct of business of the company and in what manner they are liable, and inter alia held as under: "21. A combined reading of Sections 5 and 291 of the Companies Act, 1956 with the definitions in clauses (24), (26), (30), (31), (45) of Section 2 of that Act would show that the following persons are considered to be the persons who are responsible to the company for the conduct of the business of the company: - (a) the Managing Director(s); - (b) the …
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… V.K. Vora &Anr. , (2009) 10 SCC 48, the Hon"ble Supreme Court, while observing that in cases of non-Director officers, it is all the more necessary to aver their role played in the conduct of business of the company and in what manner they are liable, and inter alia held as under: "21. A combined reading of Sections 5 and 291 of the Companies Act, 1956 with the definitions in clauses (24), (26), (30), (31), (45) of Section 2 of that Act would show that the following persons are considered to be the persons who are responsible to the company for the conduct of the business of the company: - (a) the Managing Director(s); - (b) the …
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… V.K. Vora &Anr. , (2009) 10 SCC 48, the Hon"ble Supreme Court, while observing that in cases of non-Director officers, it is all the more necessary to aver their role played in the conduct of business of the company and in what manner they are liable, and inter alia held as under: "21. A combined reading of Sections 5 and 291 of the Companies Act, 1956 with the definitions in clauses (24), (26), (30), (31), (45) of Section 2 of that Act would show that the following persons are considered to be the persons who are responsible to the company for the conduct of the business of the company: - (a) the Managing Director(s); - (b) the …
Questions about Section 291
What have the courts held on Section 291 of the Companies Act?
Panneerselvam vs Bajaj Finance Limited Rep by Its S.sarayanabhavan (20 Mar 2024) is the leading judgment on this section among those set out below: Referenced in the cited judgment regarding corporate criminal liability and director responsibility.
How do I find court cases under Section 291 of the Companies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Companies Act 291, section 291 Companies Act, section 291 of the Companies Act. People searching for it also type companies act 2006 section 291. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Panneerselvam vs Bajaj Finance Limited Rep by Its S.sarayanabhavan (20 Mar 2024).
When did Section 291 of the Companies Act come into force?
Section 291 of the Companies Act, cited as Companies Act 291, came into force on 01 Apr 2014, having been enacted on 29 Aug 2013. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions5089 words
- 143. Powers and duties of auditors and auditing standards1867 words
- 230. Power to compromise or make arrangements with creditors and members1432 words
- 232. Merger and amalgamation of companies1416 words
- 149. Company to have Board of Directors1403 words
- 217. Procedure, powers, etc., of inspectors1390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.