Search Results Page

Search Results

1 - 10 of 18 (1.12 seconds)

Chainraj Ramchand, Registered ... vs V.S. Narayanaswamy And Ors. on 31 August, 1981

Though such contention was raised before the court below. It was not considered with reference to the provisions of the Societies Registration Act or the By-laws. The mere fact that she represented the Society in other proceedings would not mean that she is clothed with the authority to enter into such compromise unless she is empowered to do so by virtus of the provisions of the Act and the By-laws of the Society framed thereunder. The mere fact that Superior Sister Augustine represented the society would not also clothe her with the extraordinary power to enter into compromise in view of the ratio in the decision reported in Chainraj Ramchand v. V.S Narayanaswamy1, already quoted. When once it is found that she is not competent to enter into the compromise, it cannot be circumvented by observing that it is the duty of the sister to obtain necessary sanction or authority from the Counsel. The Appellant-Society is not bound by the compromise if it is held that Superior Sister Augustine was not empowered to enter into compromise. When once it is held that the compromise was not entered into by a competent authority, it cannot be said that the compromise is lawful and binding on the appellant-Society. Thus, substantial questions 1 and 2 are answered only in favour of the appellant.
Madras High Court Cites 2 - Cited by 13 - Full Document

Society Of The Sisters Of The Blessed ... vs Madras -E- Bakiyanthus Salihath on 18 November, 1989

In Sudakar's case, a perusal of facts would show that the resolution passed by the society/trust debarring the petitioner was called in question by the debarred members, on the ground that the bye laws do not provide for such debarring while in Society of Sister's case, the concerned individual neither had authority nor had a resolution in her favour.
Madras High Court Cites 13 - Cited by 3 - Full Document

Shiam Behari Lal Gour And Ors. vs Madan Singh on 8 December, 1944

26. Shiam Behari Lal Gour and Others vs. Madan Singh (1944 ILR 245) it has been held as the law leans against forfeiture. The principle governing the constructions of a clause for forfeiture is that it must always be construed strictly as against the person who is trying to take advantage of it and effect should be given to it only so far as it is rendered absolutely necessary to do so by the wording of the clause.
Allahabad High Court Cites 6 - Cited by 6 - Full Document
1   2 Next