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1 - 10 of 25 (0.46 seconds)Article 372 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Ashwani Kumar Srivastava vs Institution Of Engineers (India), ... on 18 October, 1985
38. I am in respectful disagreement with the law laid down
by the Allahabad High Court in Ashwani Kumar Srivastava
(supra), which held that the Royal Charter was executive
function and not a legislative function.
The Companies Act, 1956
Article 183 in Constitution of India [Constitution]
The Societies Registration Act, 1860
The Limitation Act, 1963
Indian Companies Act, 1913
Natendra N. Chowdhury And Anr. vs The Institute Of Engineers India And ... on 24 May, 1963
It is also very much clear from a reading
of the above said judgment that the Allahabad High Court referred
to a judgment of the Calcutta High Court in Natendra N.Chowdhury
and another Vs. The Institute of Engineers India and others 9. The
Allahabad High Court also categorically observed in the said
judgment that the institute was not created by any Act and cannot
be termed as a statutory body. Learned advocates for the
petitioner, in order to sustain their arguments, have placed reliance
on the opinion of the Hon'ble Attorney General on the Royal
9
AIR 1964 Calcutta 73
33
Charter. A perusal of the said opinion, which is filed as a material
paper in W.P.No.14395 of 2021, it is very much clear that the
Hon'ble Attorney General did not express any opinion as to the
nature of the Royal Charter, i.e., whether it was granted in exercise
of Legislative or Executive power. Therefore, this Court is not
inclined to agree with the contentions advanced on behalf of the
petitioner in support of maintainability of the Writ Petitions.