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TMI Blog1928 (5) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... re elected in 1921. According to the Articles of Association of the company the directors are to be elected annually. A general meeting was convened on 22nd June 1922 at, which among other things it was proposed to elect new directors. Before the election of the directors was completed the meeting came to an end and, therefore, there was no general meeting for election of directors. The old directors apparently continued to act, and the present suit was brought for a declaration that the directors elected in 1921 were no longer the directors, of the company and that all acts done by them were illegal and void. The Subordinate Judge made the declaration asked for. The defendants appealed and the learned Judge has affirmed the decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ric declarations which find a place in Indian plaints. If the Courts were astute as I think they should be to see the plaints presented conformed to the terms of Section 42, the difficulties that are to be found in this class of cases, would no longer arise. Nor would plaintiffs be unduly hampered if the provisions of Section 42 were enforced, for it would be easy to frame a declaration in such terms as would comply with the provisions of the section where the claim was one within its policy. 3. Sir Lawrence Jenkins when a member of the Judicial Committee again observed in delivering the Judgment of the Judicial Committee in Sheo Parson Singh v. Ram Nandan Prasad 1916, P.C. 78 at p 97 (of 43 I.A.) as follows: The Court's power to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in without directors. No doubt it may be in certain special cases, but in such a case the company itself must determine that it should have no directors; but some other agency should carry on the business of the company. In this case the company has not so determined; and therefore assuming that the Court may have jurisdiction to make such a declaration, in my judgment such declaration ought not to be made in the exercise of its discretion. I may refer to the observations of Viscount Finlay in the case of Russian Commercial and Industrial Bank v. British Bank for Foreign Trade Ltd. [1921] A.C. 438, at p. 445, where his. Lordship stated that jurisdiction to give a declaratory judgment should be exercised, sparingly, with great care and jealo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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