absence of any pleadings with respect to the validity of the
resolution under BVI Laws. It was also contended that the
resolution was shown ... expert witness in BVI Laws, else otherwise the validity of the
resolution has to be decided by applying the Indian laws.
(iii) The learned counsel
relied upon. The first respondent has also held that the validity of the resolution, dated 26.04.2007, cannot be gone into by it in the absence ... also did not go into the validity of the resolution. The petitioner challenged the same before the Mumbai High Court, which has seized
Legal Cell.
In the meeting held on 12.5.1996 the respondent passed
a resolution unanimously withdrawing the enrolment of the
appellant with immediate effect and directed ... Enrolment Certificate
within a period of 15 days.
It is this resolution, validity and correctness of
which was challenged by the appellant before the High
action for the petitioners for agitating their
contentions regarding the validity of the government
resolution of 1968. [99 B-F]
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil ... main attack levelled in the petition being against
the validity of the Government Resolution dated March 22,
1968, the writ petition filed after the lapse
position, into passing the resolutions in the
extraordinary general meeting dated October 16, 1945, and
that the resolutions were not binding upon the Company ... first of which related to the challenge to the validity of
the resolution dated October 16, 1945, raised by the
defendants on the ground that
legality of the proceedings of the meeting and the validity
of the resolution was challenged by the appellant on the
grounds, (i) that the requisite ... omission to give notice would not affect the validity of the
resolution.
Held: (i) The High Court was wrong holding that "send
case, we are not required to go into
the question of validity of Resolution No.8856 dated 31.8.78
since in our view Clause ... operated in two different fields. The question of
validity of Resolution No.8856 is a matter of separate
challenge before a different forum. We express
presumption has to be
drawn in favour of the validity of the resolutions. He therefore submitted
that there was absolutely no material to show ... pursuance of the two resolutions.
As already observed, the validity of the resolutions or genuineness of the
resolutions was not tested or decided
cross-appeals are baseless. However that may be, the validity of the resolution passed at the extraordinary general meeting cannot be questioned by initiating proceedings ... purpose of oppressing a minority.
(7) When the validity of a resolution of shareholders is challenged, the onus of showing that the power
meeting of the board of directors is essential for the validity of any resolution passed at the meeting and where no notice was even given ... raised earlier and was dealt with while determining the validity of the resolution dated November 30, 1978, For similar reasons, the resolution dated December
