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Checking relevance for BOMBAY-BURMAH TRADING CORPORATION, LIMITED VS DORABJI CURSETJI SHROFF...
BOMBAY-BURMAH TRADING CORPORATION, LIMITED VS DORABJI CURSETJI SHROFF - 1904 0 Supreme(SC) 31 : Yes, a member of society (or company) can be represented by their power of attorney for a society meeting, provided the power of attorney properly designates the representative and the representative is qualified to act at the time of voting. In this case, the court upheld the validity of a power of attorney that appointed future partners of a firm (including Mr. Macaulay) as attorneys and proxies, even though the individual was not named in the document at the time of execution. The court held that the proxy was valid because the person appointed (Macaulay) was qualified as a shareholder at the time he acted, and the power of attorney sufficiently described the intended representative for business purposes. The court emphasized that Article 65 of the articles of association only requires the appointee to be qualified when acting, not when the proxy is signed, and that the form of the proxy, while permissive, does not require literal naming if the representative can be ascertained from the instrument and the context. Thus, a power of attorney can validly appoint a representative for a company meeting, even if the representative is not named at the time of execution, as long as they are qualified and identifiable at the time of use.Checking relevance for Claude-Lila Parulekar VS Sakal Papers Pvt. LTD. ...
Claude-Lila Parulekar VS Sakal Papers Pvt. LTD. - 2005 3 Supreme 46 : Yes, a member of society can be represented by their power of attorney for a society meeting. This is supported by Article 93 of the Articles of the Association of the Company, which explicitly states that a member entitled to attend and vote is entitled to appoint a proxy to attend and vote on their behalf, and that the proxy need not be a member of the Company. This provision confirms that representation through a duly appointed proxy—such as one acting under a power of attorney—is legally permissible and recognized in the context of company meetings.Checking relevance for Calcutta Municipal Corporation VS Shrey Mercantile Private LTD. ...
Checking relevance for VIJAY KUMAR JAIN VS STANDARD CHARTERED BANK...
VIJAY KUMAR JAIN VS STANDARD CHARTERED BANK - 2019 3 Supreme 184 : Under Section 21(2) of the Insolvency and Bankruptcy Code, 2016, a member of society (specifically, a former director of a corporate debtor) may attend and vote in a meeting of the Committee of Creditors (CoC) through an authorized representative. The notice for the meeting must inform participants that they may attend and vote either in person or through an authorized representative, provided they notify the resolution professional in advance of the identity of the representative. This provision explicitly permits representation by power of attorney or authorized representative, thereby allowing a member of society to be represented at a CoC meeting by their authorized representative.Checking relevance for Ravinder Kumar VS State of Haryana...
Checking relevance for Mohammad Sadiq VS State of Uttar Pradesh...
Checking relevance for Jer Rutton Kavasmaneck @ Jer Jawahar Thadani VS Gharda Chemicals...
Jer Rutton Kavasmaneck @ Jer Jawahar Thadani VS Gharda Chemicals - 2012 0 Supreme(Bom) 2376 : Under Section 176 of the Companies Act and Article 104 of the Articles of Association, a member of a company may appoint another person, whether a member or not, as their proxy to attend and vote at a meeting. The proxy must be appointed in writing, signed by the appointer or their attorney duly authorized in writing. The proxy has the right to vote but not to speak at the meeting. This provision allows a member of society (in the context of a company) to be represented by a person acting under a valid power of attorney, provided the instrument is properly executed and submitted in accordance with the requirements of Section 176 and Article 104.Checking relevance for Gharda Chemicals Limited VS Jer Rutton Kavasmaneck @ Jer Jawahar Thadani...
Gharda Chemicals Limited VS Jer Rutton Kavasmaneck @ Jer Jawahar Thadani - 2005 0 Supreme(Bom) 926 : A member of society (specifically, a shareholder in a company) can be represented by their power of attorney at a society meeting if the power of attorney is valid and contains all the requisite particulars set out in Form in Schedule IX of the Companies Act, 1956. The court held that such a power of attorney is considered a proxy if it substantially complies with the requirements of Schedule IX, even if it is not formally titled as a ''''proxy''''. In particular, where shares are held jointly, the first holder alone may execute a valid power of attorney authorizing another person to vote on their behalf, and this instrument is sufficient for representation at the meeting. The company''''s issuance of voting slips to the power of attorney holder further confirms the validity of the representation.
