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Showing posts with label board resolution. Show all posts
Showing posts with label board resolution. Show all posts
Monday, 26 April 2021

Whether court can entertain a pleading filed by an officer of the company if the company Board resolution does not authorize him?

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  According to us, the decision of the Hon'ble Supreme Court in the case of United Bank of India vs. Naresh Kumar and ors. (supra) affor...
Saturday, 27 October 2018

Whether director of company can file complaint for dishonour of cheque without resolution by board of directors?

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  In the case of Chico Ursula D 'Souza v. Goa Plast Pvt. Ltd. (supra) this Court has again held that a person who claims to represent a...
Sunday, 22 April 2018

Whether plaint of suit filed by company can be rejected if there is no pleading that filing of suit is permitted by passing resolution?

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Thinking on a different plain, one can also add that so far as these two Companies are concerned, no cause of action to file a suit has ...
Saturday, 24 February 2018

Whether certified copy of resolution or extract of minutes book is admissible without proof of original?

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Next comes the document No. 1 -the certified true copy of the resolution dated 16.2.2009, whereby the complainant company had allegedly re...
Sunday, 17 September 2017

How to prove resolution passed by board of directors of company?

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Sec. 193(1A)(a) of Company Act makes it clear that each page of the minute book is to be initialed or signed and the last page of the re...

Whether resolution of board of directors is more important letter issued by company?

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 Whether the defendant company in refusing to register shares did so on the ground of indebtedness of Hemmad or not has in our opinion fi...

How to prove resolution of board of directors of company?

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In this view of the matter, as the power to institute the suit had to be proved, copy of Resolution No. 5 passed in the meeting of the Boar...
Saturday, 17 September 2016

Whether blanket authority can be given to particular director to institute suit or proceeding?

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The essential requirement of this provision is that the Company which is a juristic person must itself decide to sue. Once that is done,...

Whether complaint for dishonour of cheque is maintainable by officer of company if he is not specifically authorized in that behalf?

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Reference was also made to M/s. Hari Shree Enterprises V/ s. M/s. Vikas Housing Ltd. & Ors.  (2009 (4) ALL MR 247)  wherein it was ...

Whether any director can institute suit on behalf of company without authorization by board of directors?

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 It is well-settled that under  Section 291  of the Companies Act except where express provision is made that the powers of a company in ...
Sunday, 28 August 2016

When suit filed by company through its officer is validly instituted?

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It cannot be disputed that a company like the appellant can sue and be sued in its own name. Under Order 6 Rule 14 of the Code of Civil P...
Thursday, 14 November 2013

Bombay HC: At what stage of proceeding, Waiver of objection regarding admissibility of copy of document becomes irreversible

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The judgment of Full Bench of this Court in the case of Mr. Hemendra Rasiklal Ghia .vrs. Subodh Mody (supra), has considered the judgm...