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[Cites 0, Cited by 20] [Section 189] [Entire Act]

Union of India - Subsection

Section 189(2) in The Companies Act, 1956

(2)A resolution shall be a special resolution when-
(a)the intention to propose the resolution as a special resolution has been duly specified in the notice calling the general meeting or other intimation given to the members of the resolution;
(b)the notice required under this Act has been duly given of the general meeting; and
(c)the votes cast in favour of the resolution (whether on a show of hands, or on a poll, as the case may be), by members who, being entitled so to do, vote in person, or where proxies are allowed, by proxy, are not less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting.