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1 - 10 of 13 (0.47 seconds)The Code of Civil Procedure, 1908
Section 4 in The Societies Registration Act, 1860 [Entire Act]
Swati Ulhas Kerkar vs Sanjay Walavalkar on 10 February, 2021
23. Mr. Alok Kumar relies on the decision of the Hon'ble Supreme
Court in Swati Ulhas Kerkar v. Sanjay Walavalkar, (2021) 14 SCC 57,
to contend that the Board of trustees / managing committee was lacking
Signature Not Verified CS(OS) 11/2024 Page 7 of 25
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:19.10.2024
19:01:02
the confidence of the majority members, therefore, it could not have
admitted new members. He, therefore, urges that the interim relief as
prayed by the plaintiff may be granted.
Sarbjit Singh And Ors. vs All India Fine Arts & Crafts Soclety And ... on 24 May, 1989
45. Further, the very fact that five (05) out of nine (09) members of
the Board of Trustees vide their letter dated 27.10.2023 addressed to the
defendant no. 1 had pointed out various incidents of mismanagement
and illegal functioning of the Foundation in violation of its MoA and
supported the holding of AGM on 17.11.2023 with an agenda to hold
1
Sarbjit Singh v. All India Fine Arts & Crafts Society, ILR (1989) II Delhi 585
Signature Not Verified CS(OS) 11/2024 Page 15 of 25
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:19.10.2024
19:01:02
election of the office bearers of the Board and the MCRF shows that the
MCRF had lost the confidence of the majority. In that view of the
matter, this Court is prima facie of the opinion that holding of AGM
few days prior to the expiry of one year term of the previous managing
committee elected in 101st AGM cannot be faulted with. Assuming
arguendo that the term of previous managing committee could not be
curtailed and it was entitled to continue for one full year i.e. till
13.12.2023, even the said period having elapsed, the office bearers of
the Board and the MCRF elected in the 102nd AGM on 17.11.2023, are
entitled to continue till the time next AGM is held in accordance with
MoA.
Pankajbhai Rameshbhai Zalavadiya vs Jethabhai Kalabhai Zalavadiya ... on 3 October, 2017
a. Pankajbhai Rameshbhai Zalavadia v. Jethabhai Kalabhai
Zalavadiya, (2017) 9 SCC 700;
Sushil Kumar And Another vs Harihar Prasad And 12 Others on 24 January, 2018
b. Sushil Kumar & Anr. vs. Harihar Prasad &Ors. 2018 SCC
OnLine All 6287; and
c. Rekha Kapoor vs. Dr. Pawan Chandra &Anr. 2022 SCC
OnLine Del 3250.
Mrs. Rekha Kapoor vs Dr. Pawan Chandra & Anr on 6 October, 2022
b. Sushil Kumar & Anr. vs. Harihar Prasad &Ors. 2018 SCC
OnLine All 6287; and
c. Rekha Kapoor vs. Dr. Pawan Chandra &Anr. 2022 SCC
OnLine Del 3250.
Mumbai International Airport Pvt. Ltd vs Regency Convention Centra & Hotels & Ors on 6 July, 2010
69. Reference may also be had to the decision of the Hon'ble
Supreme Court in Vidur Impex and Traders Pvt. Ltd. and Ors. vs.
Tosh Apartments Pvt. Ltd. and Ors., (2012) 8 SCC 384, wherein while
Signature Not Verified CS(OS) 11/2024 Page 22 of 25
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:19.10.2024
19:01:02
relying on Mumbai International Airport (supra) the Court laid down
the following broad principles which would govern the disposal of the
instant application under Order I Rule 10 CPC:
Vidur Impex & Traders Pvt.Ltd.& Ors vs Tosh Apartments Pvt.Ltd.& Ors on 21 August, 2012
69. Reference may also be had to the decision of the Hon'ble
Supreme Court in Vidur Impex and Traders Pvt. Ltd. and Ors. vs.
Tosh Apartments Pvt. Ltd. and Ors., (2012) 8 SCC 384, wherein while
Signature Not Verified CS(OS) 11/2024 Page 22 of 25
Digitally Signed
By:NARENDRA SINGH
ASWAL
Signing Date:19.10.2024
19:01:02
relying on Mumbai International Airport (supra) the Court laid down
the following broad principles which would govern the disposal of the
instant application under Order I Rule 10 CPC: