NATENDRA N CHOWDHURY Vs. INSTITUTE OF ENGINEERS INDIA

JUDGEMENT

(1.) The plaintiff is a member of the Institution of Engineers. The Institution is a body incorporated under a charter containing a Grant by the Crown of the United Kingdom in the form of Letters Patent under the King's Sign Manual dated September 9, 1935 under an Order in Council of His Majesty dated August 13, 1935, on the report of the Committee of the Lords of His Majesty's most Hon'ble Privy Council dated August 1, 1935. Originally the Institution was a body incorporated under the Indian Companies Act, 1913.

(2.) The suit was instituted for a declaration that certain bye-laws passed by the general body of corporate members of the Institution at a meeting specially convened for the purpose on November 26, 1960 are ultra vires, illegal, not according to law, and not binding on the plaintiffs, the defendant Institution and/or members. The declaration is also asked for that the bye-laws made by the general body of the defendant Institution on January 31, 1950 and approved by the Privy Council on October 17, 1951 are valid, effective, operative and binding on the defendant Institution. The other declarations are that the Resolution of the Council at its 426th meeting on August 12, 1962 are ultra vires and illegal, and that the direction of defendant No. 3 to defendant No. 4 to issue nomination forms for election to the Council is ultra vires and illegal, and the notice issued by defendant No. 4 is illegal, and an injunction is asked for to restrain the defendants from giving effect to the alleged bye-laws.

(3.) In short, the plaintiff's suit is that certain bye-laws which were passed at the General Meeting held on 28th November 1960, namely, new Bye-laws numbered 4(a), 4 (b), 37 and 50 are ultra vires, because the bye-laws were not submitted to the Privy Council and thereby Clause 18 of the Charter of the defendant Institution was violated.