P.P.NAOLEKAR, M.V.TAMASKAR, U.L.BHAT
Mahesh Chandra Choubey – Appellant
Versus
M. M. Dubey – Respondent
P.P. Naolekar, J. -- 1. Order in this appeal shall also govern disposal of LPA No.2 of 1993, Dinesh Kumar Dubey v. Krishna Kumar Das and two others, as the point for consideration is analogous.
2. The brief facts necessary as to how the question arose and the matter was referred to the Full Bench, are as follows: The respondent No.4 Pankaj Kumar Chhaterjee filed a suit for declaration and permanent injunction in the Court of the District Judge, Jabalpur, which was registered as Civil Suit No. 98A of 1991. The reliefs sought in the suit are:
(a) That the defendant No.1 (appellant), President of the Society, be restrained from functioning as President of the Society;
(b) That the defendant No.2 (respondent No.1) Shri M.M. Dubey, be restrained from functioning as Principal of the N.E.S. Law College and from interfering with the working of the college; and
(c) That the defendant No.3 (respondent No.2) Shri S.K. Tiwari, be restrained from functioning as Principal of the Naveen Vidhya Bhawan, Gorakhpur, Jabalpur.
The reliefs sought were based upon two paramount allegations, namely, (i) that the elections were held to the managing committee of the New Education Society (respondent No
2. Raghvendra Singh, Chaudhary v. Seemarbai
3. Chhunilal Laxman Prasad (Firm) v. Agarwal and Co. and others, = 1987 JLJ 377
8. Shah Babulal Khimji v. Jayaben D. Kania
11. B.S. Adityan and others v. Fencing Association of India, Jabalpur and others
13. Madan Naik v. Hansubala Devi
1. Shrichand Komalchand Jain v. Sardar Tejinder Singh and others, = 1979 JLJ 180
4. B.S. Adityan and others v. Fencing Association of India, Jabalpur and others, = 1991 JLJ 15
6. Madan Nain and others v. Mst. Hansubala Devi and others
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