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1950 Supreme(All) 280

AGARWALA, P.L.BHARGAVA
L. D. MESTON SCHOOL SOCIETY – Appellant
Versus
KASHI NATH MISRA – Respondent


Advocates Appeared:
C.B.MISHRA, CHATURBHUJ SAHAI, G.S.PATHAK, J.Swarup, Kanhaiyalal Mishra, R.S.PATHAK

( 1 ) THESE two connected appeals arise out of two orders of injunction passed in a suit brought by the respondent Shri Kashi Nath Misra against the appellant L. D. Meston School Society, Ballia, for a declaration that a resolution passed by the appellant society on 21-6-1950 was "illegal, ultra vires and ineffective" and that Pt. Sita Ram Chaturvedi, Principal, of a college which is managed by the appellant society could not be asked to make over a charge of his office. The facts briefly stated are as follows :

( 2 ) THERE is a college known as Satish Chandra College at Ballia. The appellant is a society which manages the college. The society is managed by a managing committee consisting of 21 members, of whom six are life members, the collector and the principal are ex officio members and 13 are elected members. Pt. Sita Ram Chaturvedi was appointed as Principal of the college by the managing committee on probation for one year, and he took over charge on 8-7-1948. By another resolution In 1949, his term was extended for another year. On 21-6-1950 the managing committee purported to pass a resolution terminating the services of Pt. Sita Ram Chaturvedi with effect from that date. T



















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