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1 - 9 of 9 (0.20 seconds)Section 42 in The Specific Relief Act, 1963 [Entire Act]
The Specific Relief Act, 1963
Article 104 in Constitution of India [Constitution]
The Companies Act, 1956
Mothey Krishna Rao vs Grandhi Anjaneyulu And Ors. on 29 October, 1952
26. The last case cited by the learned counsel lor the defendants is reported in -- 'Mothey Krishna Rao v. Grandhi Anjaneyulu', A. I. R. 1954 Mad 113 (F). In this case the plaintiff was appointed as secretary and treasurer of the company by an amendment of the Articles of Association. Subsequently the Directors of the Company, by a resolution, first suspended the plaintiff, and then removed him from the post of secretary. The suit was merely for a declaration and the learned Judges held that the suit for a mere declaration was not maintainable because of the provisions of Section 42, Specific Relief Act.
Ramkissendas Dhanuka vs Satya Charan Law on 15 December, 1949
27. The case relied upon by the learned Advocate General for the plaintiffs is reported in --'Ram Kissendas Dhanuka v. Satya Charan Law', A. I. R. 1960 PC 81 (G). In this case, their Lordships of the Privy Council have drawn a distinction between a case, where the suit is by the employee, and the case where the suit is by the minority of the shareholders, & they have held that the principles, which apply to the suit by the employee, are not applicable to cases where the suit is by the minority and the minority wants to enforce the terms of the Articles of Association of a company. In the present case, the suit is not, in the capacity of a shareholder, by plaintiff 2, but merely as a Managing Director; and, in our opinion, the position of a Managing Director is the same as that of an ordinary agent of a company. This case is clearly distinguishable.
Sir Maneckji B. Dadabhoy vs Commissioner Of Income Tax, C.P. And ... on 3 December, 1947
This was a case in which Sir W. Pagewood, V. C., observed:
N.C. Sircar And Sons vs The Baraboni Coal Concern Ld. on 6 December, 1911
In -- 'N. C. Sircar & Sons v. Baraboni Coal Concern Ltd.', 16 Cal WN 289 (C), it has been held that a limited liability company cannot be restrained by injunction from dispensing with the services of the Managing Agents, though the Managing Agents could be removed only in the specified manner after a specified period. The remedy of the Managing Agents, in such a case, lies in a suit for damages for wrongful dismissal.
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