arise.
38. Mr. Ankhad has submitted that the argument on
implied authority and ratification under Section 185 , 186 , 187 , 196
and 197 of the Contract ... ratified the MoU.
Further, there is no specific pleading on implied authority and
ratification in the Plaint. There is no prayer for specific
performance against
directors
has also been placed on record. Thus, there is implied ratification by the company,
even if it is assumed that there is no express ... officer in signing the pleadings. Such ratification can be express or implied.
The Court can, on the basis of the evidence on record, and after
person as to acts done for him without his
authority. Effect of ratification
Where acts are done by one person on behalf of another ... performed by his authority.
Sec.197. Ratification may be expressed or implied
Ratification may be expressed or may be implied in the
conduct
express authorization, the Court can presume that the ratification by Corporation was implied.
31. Mr. Divekar with reference to the said Supreme Court ... Supreme Court in 1998 Bank. J. 324 has held that ratification can be implied, and therefore, it has to be presumed that in the instant
whole body of creditors and shareholders. Such ratification, it was said, was to be implied from the fact that various balance sheets with reports thereon ... assumed that the forfeitures could be made valid by ratification, there is no evidence to which their Lordships' attention has been called to justify
absence of the consent, express or implied, of the remaining partners, or of their subsequent ratification, he cannot thereby bind those others. On this principle
said action of it's officer in signing the pleadings. Such ratification can
Meera Jadhav
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be express or implied. Paragraphs 8, 9, 10, 11 and 13 of United Bank of
India (supra) read as under
action of its officer in signing the pleadings. Such ratification
can be express or implied. The Court can. on the basis of the
evidence ... competent person to be examined as a
witness in order to prove ratification or the authority of Sh.
L.K. Rohatgi to sign the plaint
agent, as Section 186 provides, may be
express or implied. Section 187 defines express and implied authorities. An
authority is said to be express when ... been performed by his authority. Ratification, as provided
in section 197 , may itself be express or may be implied by the conduct of
the person
representative in signing the pleadings and that such a
ratification can be expressed or implied. In the present case, there
