7 Aug 2008
ABDUL RAUF KHAN, HASSAN DUALEH, SHAHBAZ ALI, HASIM ALI AND MOHAMMAD NAEEM V SAYEED AHMED, ZAIDAN AL-SHAMMARI, QUAZI ASADUZZAMAN, MOHAMMED DARAMIAH AND KHAWAR RASHID AND ANOR HC NAP CIV 2006-441-000795
- Citation
- openlaw-4a43fd20_0380_4e92_bb87_bfd2e9bb7052.pdf
- Court
- High Court
The 28 July 2006 SGM was invalid because it was not properly called or notified (insufficient clear days' notice, notice not given to all members, reason concealed) and the sealing formalities were not complied with; the transfer of the Centre to the HBMICT was therefore ultra vires and, on the facts, tainted by fraud (actual dishonesty/wilful blindness) under the Land Transfer Act; accordingly declaratory and corrective relief including setting aside the resolution and directing cancellation of the memorial under s85 LTA is appropriate, with leave for parties to agree an inclusive governance…
- Ultra vires
- Fraud under land transfer act
- Validity of meetings and notice
- Use of common seal
- Section 85 land transfer act cancellation
- Internal governance of incorporated societies