https://www.taxtmi.com/caselaws?id=97732 Board management powers under the articles cannot be displaced by an ordinary shareholder resolution or a general meeting convened indirectly to decide whether company litigation should continue. An alleged lack of authority to institute a suit must be challenged by an early motion rather than raised as a defence on the merits. Directors' management powers may be controlled only through the mechanisms in the articles or lawful removal under the Companies Act; the removal provision cannot be used to bypass prescribed procedures. Consequently, the objection to the suit's institution fails, and a general meeting cannot be ordered to usurp the board's authority over its continuance. en-us Mon, 01 Aug 1960 00:00:00 +0530 Tue, 17 Jan 2012 17:59:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=97732 Board management powers under the articles cannot be displaced by an ordinary shareholder resolution or a general meeting convened indirectly to decide whether company litigation should continue. An alleged lack of authority to institute a suit must be challenged by an early motion rather than raised as a defence on the merits. Directors' management powers may be controlled only through the mechanisms in the articles or lawful removal under the Companies Act; the removal provision cannot be used to bypass prescribed procedures. Consequently, the objection to the suit's institution fails, and a general meeting cannot be ordered to usurp the board's authority over its continuance. Case-Laws Companies Law Mon, 01 Aug 1960 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=97732