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    <title>1928 (5) TMI 5 - Calcutta High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=291958</link>
    <description>A suit for a declaration that existing directors had ceased to hold office was not maintainable under Section 42 of the Specific Relief Act because that provision applies only where the plaintiff seeks a declaration of a legal character or a right to property denied by the defendant. Even apart from maintainability, the court held that granting such relief was inappropriate where it would leave the company without a managing agency. On the merits, the articles requiring annual election of directors did not cause an automatic vacancy merely because a fresh election had not been completed; the previous directors continued until successors were validly elected in general meeting.</description>
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    <pubDate>Tue, 15 May 1928 00:00:00 +0530</pubDate>
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      <title>1928 (5) TMI 5 - Calcutta High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=291958</link>
      <description>A suit for a declaration that existing directors had ceased to hold office was not maintainable under Section 42 of the Specific Relief Act because that provision applies only where the plaintiff seeks a declaration of a legal character or a right to property denied by the defendant. Even apart from maintainability, the court held that granting such relief was inappropriate where it would leave the company without a managing agency. On the merits, the articles requiring annual election of directors did not cause an automatic vacancy merely because a fresh election had not been completed; the previous directors continued until successors were validly elected in general meeting.</description>
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      <pubDate>Tue, 15 May 1928 00:00:00 +0530</pubDate>
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