1976 (5) TMI 108

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....ndent: R.C. Dogra, Adv. JUDGMENT Mela Ram Sharma, J. 1. Prayer has been made in this petition to the following effect; 2. The election held on September 8, 1975, be declared illegal and void being against the provisions of the Companies Act, 1956, and the memorandum and articles of association of the company. In Panipat Woollen and General Mills Co. Ltd. v R.L. Kaushik [1969] 39 Comp C....

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.... to the election of directors and claims a decree for a declaration that he was one of the directors, there is no provision which bars the civil court either expressly or by implication from trying such a suit.   The memorandum of association of a company provided for the retirement of one-third of the directors at the annual general meeting and fresh elections to fill the vacancies.....