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Documents citing Prabhat College vs Barkatullah University on 31 July, 2012

High Court Advocates Bar Association vs Bar Council Of India New Delhi on 3 May, 2024

56. Thus, it is evident that there being no illegality, irrationality or procedural impropriety in the decision of the State Bar Council, it does not call for interference. Submission of Shri Vipin Yadav, learned counsel placing reliance on the decision of a Division Bench of this High Court in Swakshtagrahi Sangh, Janpad Panchayat Niwas Vs. Union of India and others, Writ Appeal No.91 of 2022, decided on 15.03.2022, to point out that the petition in absence of resolution and authorisation, is not maintainable in the light of the decision of the High Court in Prabhat Vs. Barkatulla University [2011 ILR MP 1692], has strong foundation.
Madhya Pradesh High Court Cites 38 - Cited by 0 - V Agarwal - Full Document

C.G. State Industrial Devl. Corp. Ltd vs State Of C.G. And Ors on 19 February, 2024

7. The Division Bench of this court in the matter of Prabhat Vs. Barkatulla University¹, has held that a writ petition for enforcement of the rights of its members, as distinguished from the rights of the Association as a body, can be filed by the Association acting through its office bearers or members, whether the Association is registered or unregistered, incorporated or not, only when the Association can satisfy the Court that if an adverse decision is given in that petition, all the members of that Association or "Body of Individuals" will be bound by the decision. It has also been held that if the same principle is not followed, immediately after adverse decision, any other members of the said Association may come before the Court in an independent writ petition saying that he has not been heard and he had not authorized such Association or office bearer or member to represent him in the litigation.
Chattisgarh High Court Cites 11 - Cited by 0 - R Dubey - Full Document

Anganwadi Karyakarta Avam Sahaayika ... vs The State Of Madhya Pradesh on 17 October, 2023

4 . Having considered the preliminary objection raised by the respondents, it is evident that an specific objection has been taken by the respondents in the return. The said objection as taken recourse to in the return, has not been controverted by the petitioner. The Division Bench while dealing with similar aspect in the case of Prabhat Vs. Barkatulla University (supra) observed as under :
Madhya Pradesh High Court Cites 1 - Cited by 0 - M S Bhatti - Full Document

Swakshtagrahi Sangh Janpad Panchayat ... vs Union Of India on 15 March, 2022

3. The learned Single Judge relying on the decision of this Court in the matter of Prabhat Vs. Barkatulla University1 held that firstly, the resolution on which appellant-petitioner had relied on and the averments made in the petition do not fulfill the requirement of law for filing the petition and, secondly, in view of the fact that the members of the petitioner-Sangh were not appointed by the competent authority, therefore, interference was declined.
Madhya Pradesh High Court Cites 1 - Cited by 0 - R Malimath - Full Document

Sheoraphuli Kancha Sabzee Babsayee ... vs The State Of West Bengal And Others on 19 February, 2021

46. Prabhat v. Barkatulla University (supra), however, clearly lays down that, unless the members of the suing association are clearly determinate and identifiable, the result of the litigation does not bind all members of the association. The said decision of a Division Bench of the Madhya Pradesh High Court undoubtedly has much persuasive value in the present context.
Calcutta High Court (Appellete Side) Cites 17 - Cited by 0 - S Bhattacharyya - Full Document

High Court Advocates Bar Association vs Bar Council Of India New Delhi on 2 February, 2024

Shri Vipin Yadav places reliance on the judgment of Division Bench of this High Court in case of Swakshtagrahi Sangh, Janpad Panchayat Niwas Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 06-02-2024 10:15:53 8 Vs. Union of India and Others in W.A. No.91/2022 decided on 15.03.2022 wherein placing reliance on the judgment of High Court in Prabhat Vs. Barkatulla University, 2011 ILR M.P. 1692 , it is observed that a writ petition for enforcement of the rights of its members, as distinguished from the rights of the association as a body, can be filed by the association acting through its office bearers of members whether the association is registered or unregistered, incorporated or not, only when the association can satisfy the court that if an adverse decision is given in that petition, all the members of that association, or "body of individuals" will be bound by the decision.
Madhya Pradesh High Court Cites 12 - Cited by 0 - V Agarwal - Full Document

Madhya Pradesh Rajya Nagarik Aapurti ... vs The Madhya Pradesh State Civil Supplies ... on 6 March, 2024

In the opinion of this Court, it makes no difference because the Writ Petitioner is Madhya Pradesh Rajya Nagrik Aapurti Nigam Karmachari Sangh and admittedly there is no authorisation in favour of the Madhya Pradesh Rajya Nagrik Aapurti Nigam Karmachari Sangh to file this writ petition on behalf of the individuals, therefore, in the light of the law laid down by a Division Bench of this Hon'ble High Court in Prabhat versus Barkatulla University & Another 2011 ILR MP 1692, this writ petition is not maintainable.
Madhya Pradesh High Court Cites 1 - Cited by 0 - V Agarwal - Full Document

Prantiya Shasakiya Mahavidyalayeen ... vs The State Of Madhya Pradesh on 28 August, 2024

6 . Per contra, it is contended by the learned counsel for the State that the petition is entirely misconceived and filed by an association not having any authority to file the petition. Reliance is placed on judgment of Division Bench in the case of Prabhat Vs. Barkatulla University reported in ILR 2011 MP 1692, wherein it has been laid down by Division Bench of this Court that petition on behalf of association is maintainable only if there is a resolution to the effect that all the members of association have agreed to be bound by the decision being passed in such petition being filed by association.
Madhya Pradesh High Court Cites 8 - Cited by 0 - Full Document
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