AI Overview...
2003 4 Allmr 183 - Case involving the appointment of the President of an Institution
- The court held that the Council, not the AGM, is empowered to appoint the President as per Article 4 of the Constitution. The election of the President is governed by this article, and subsequent AGM meetings after August 30, 1999, confirm this authority.
- Main Point: Authority to appoint the President rests with the Council, consistent with constitutional provisions. Institute of Mechanical Engineers (India) & others VS R. N. Engineer - Bombay
Legal Principles and Judicial Insights
- The case emphasizes the importance of constitutional articles in determining authority within institutional governance, specifically Article 4.
- The decision clarifies that AGM does not have the power to appoint the President, aligning with the constitutional framework. Institute of Mechanical Engineers (India) & others VS R. N. Engineer - Bombay
References to Other Cases and Legal Context
- The references include various judgments concerning procedural and jurisdictional issues, such as the Supreme Court's decisions on jurisdiction (e.g., Small Causes Court vs. City Civil Court) and criminal law (e.g., Section 354A of IPC, probation laws).
- Notably, the case integrates principles from other judgments, such as the Supreme Court's stance in Balmer Lawrie & Co. Ltd. vs. Engineering Workers Association (2011) and Pavan Kumar (2005), reinforcing procedural correctness and jurisdictional clarity. Palm Grove Beach Hotels Pvt. Ltd. VS Michael Fernandes - Bombay, Smita P Doshi VS Pravinchandra H Doshi, Since Deceased - Bombay, Nishant Harishchandra Salvi VS State of Maharashtra - Bombay, Pandhari VS Vithoba - Bombay, United India Insurance Company Ltd. VS Veereshwar Singh - Madhya Pradesh, Sadhu Ram VS State Of Rajasthan - Supreme Court, State of Karnataka VS S. Nagaraju - Supreme Court, Hasan Bapu Patil (Since Deceased) VS Gafur Bapu Patel (Since Deceased) - Bombay, Edyma Siregar VS V. V. Satardekar - Bombay
Summary
- The core finding is that the authority to appoint the President of the Institution is vested in the Council under Article 4, not the AGM.
- This aligns with constitutional provisions and clarifies governance procedures.
- The case contributes to the jurisprudence on institutional authority and constitutional interpretation within organizational frameworks.
Search Results for "2003 4 Allmr 183"
2002 0 Supreme(Bom) 621 • India - Bombay
R.M.S.KHANDEPARKAR
was contended that AGM was not empowered to do so - It is Council which is empowered to appoint President - Held - As per Article 4 ... This will apparently show that the respondent in terms of the provisions contained in Article 4 of the Constitution continues to ... annual general meeting of the Institution having been held after 30th August, 1999 and considering the provisions of the Article 4 ... ... 4. ... There is no doubt in terms of Article 4, the election of the President of the Institution ha....
2018 0 Supreme(Bom) 833 • India - Bombay
PRAKASH D.NAIK
Indian Penal Code, 1860 - Section 354A – Criminal Procedure Code, 1973 - Section 482 - Probation of Offenders Act, 1958 - Section 4 ... Shaikh Amrual Hassan, 2009 AllMR(Cri) 3489; (2) Dnyandeo s/o. Shrirang Bhade Vs. Laxman Yashwant Bhade & Ors., 2016 AllMR(Cri) 2967. ... 7. ... ... Section 4 of the Probation of Offender's Act, reads as follows: ... “4. Power of court to release certain offenders on probation of good conduct. ... Shaikh Amrual Hassan (Supra), this Court considered whether the benefit o....
2012 0 Supreme(Bom) 1377 • India - Bombay
ANOOP V.MOHTA
There is no conflict of whatsoever nature. (2011 II CLR 787 : (2011(4) AllMR 735) - Balmer Lawrie & Co. Ltd. vs. Engineering Workers Association). ... ... 4. ... ... c) Writ Petition No.183 of 2012 is dismissed. ... d) Liberty is granted to the parties to settle the matter. ... e) Liberty is also granted to take appropriate steps in accordance with law. ... The same was modified on 7 September 2003 order. As per clause 27 of the Standing Order, the age of retirement/superannuation is restricted to 55 ....
2015 0 Supreme(MP) 1000 • India - Madhya Pradesh
ROHIT ARYA
Aslam Ajgarali Makrani and Another, (2013) 4 ALLMR 183 ... (38) V. Mekala Vs. M. Malathi and Another, (2014) 5 SCALE 772 ... (39) S.C. Joshi Vs. ... Rewati Raman (P.W. 4), Dr. Arun Kumar (P.W. 5), Dr. deepak Vats (P.W. 6), Dr. ... Natarajan and Others, (2003) 6 SCC 137 ... (iv) Subhash Chand and Others Vs. Satya Rani and Others, (2013) 171 PLR 329 ... (v) The Oriental Insurance Co. Ltd. Vs. ... In support of his application, he has mentioned names of six persons; (1) Arvind Kare (2) Vasudev Sharma (3) A....
2019 0 Supreme(Bom) 1437 • India - Bombay
M.G.GIRATKAR
Therefore, cross-examination of this witness celarly shows that Exh.183 is not a reliable document. Moreover, cross-examination of plaintiff himself shows that this document was obtained by his son. ... 4. Heard learned Adv., Shri Khapre for the appellant. He has submitted that various documents fled on record show that the appellant was not given in adoption. ... Babu Bhika & others, (1997) 2 AllMR 105, 6. Heard learned Adv. Shri S.R. Deshpande for respondent nos. 1 to 5. He has pointed out the cross-examination of appellant. ... The sa....
2003 3 Supreme 357 • India - Supreme Court
N.S.HEGDE, B.P.SINGH
P.4 he claims to have gone to the house of Jagdish at his request and found that the two dead bodies were hanging from the hook with ... P-4. In this statement Mala Ram gave a different version of the occurrence. ... His son Sadhu Ram was married to Rukma 4 years ago. This report has been marked as Ex.P-9. ... P.4 were recorded by police officers in the course of enquiry which was being conducted under Section 176 Cr.P.C. ... Rukma, deceased, was married about 4 years ago and since she was harassed, she....
2002 6 Supreme 291 • India - Supreme Court
BRIJESH KUMAR, D.P.MOHAPATRA
... 4. The accused challenged the judgment before the High Court in appeal. ... Bodem Sundara Rao while dealing with a case of reduction of sentence from 10 years RI to 4 years RI by the High Court in the case of rape of a girl aged between 13 and 14 years, it was observed: ... 9. In recent years, we have noticed that crime against women are on the rise.
2020 0 Supreme(Bom) 711 • India - Bombay
R.D.DHANUKA
Dharmpal, (2003) 4 SCC 493 . (f) Judgment of Gauhati High Court in case of Atul Chandra Bora v/s. M/s. Assam Tea Brokers Pvt. Ltd., (1995) AIR Gauhati 73 . ... Manharbala Jeram Damodar and Ors., (2007) 4 AllMR 651 and in particular paragraph 62 in support of his submission that only Small Causes Court Bombay had exclusive jurisdiction to try such suit filed by the parents against the appellant and not the City Civil Court. ... In this case, the respondent nos.4 and 5 had specifically raised a plea of....
2018 0 Supreme(Bom) 1782 • India - Bombay
A.M.DHAVALE
Husenbi (defendant No. 3), Niyamabi (defendant No. 4), Habibbi (defendant No. 5) and Fatima (defendant No. 6) from Chamubi. ... His dispute was regarding the claim for only one property bearing survey No.583 of 2003 on the basis of mortgage. The said dispute raised was not in connection with rights of the plaintiffs and defendant nos.1 to 9 with regard to the Suit properties. ... In this regard, in Ganpati Madhav Sawant vs Dastur Madhav Sawant, (2008) 3 SCC 183, it was held that inquiry into mesne profit is a must, and therefore the judgm....
2021 0 Supreme(Bom) 1049 • India - Bombay
BHARATI DANGRE
Pavan Kumar (2005) 4 SCC 350 . ... (2005) 8 SCC 183 would make the position crystal clear. "8. ... 4. Learned advocate Mr. ... Assistant Director, Directorate of Revenue Intelligence 2003 Cri. L.J. 27 , which in unequivocal terms ruled that when the search and seizure takes place at Airport, which is a public place, it is Section 43 of the NDPS Act, which is applicable and not Section 42. ... Since the accused denied the charge and claimed to be tried, the prosecution led its case before the Special Court through 14 w....
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