Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rule I. Societies-Tamil Nadu Societies Registration Act 1908-Section 114 and Order XLV/f 1975. Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Societies-Tamil Nadu Societies Registration Act, 1975-Appellant-Board, a society registered under the Act controlling the sport of cricket in India-Enjoying monopoly status as regard regulation of cricket in terms of its Memorandum of Association and Articles of Association- "Fairness" and "good faith" in its action-Requirement of-Held: Having regard to the enormity of power exercised by it, the Board is bound to follow the doctrine of 'fairness' and 'good faith' in all its activities-It has a duty to act reasonably and cannot act arbitrarily, whimsically or capriciously-Both public good and welfare of cricket must be kept in view-It is wholly undesirable that a body incharge of controlling the sport of cricket should involve in litigations completely losing sight of the objectives of the society . Code of Civil Procedure, 1908-Section 114 and Order XLVII, Rule 1 Undertaking given by counsel on behalf of party-Conditional order passed by High Court on that basis-Review application filed alleging breach of the undertaking-Maintainability of-Held: Application for review would be maintainable not only upon discovery of a new and important piece of evidence or when there exists an error apparent on the face of the record but also if the same is necessitated on account of some mistake or for any other sufficient reason-A mistake on the part of the Court which would include a mistake in nature of an undertaking may also call for review it is also not correct to contend that the Court while exercising its review jurisdiction in any situation whatsoever cannot take into consideration a subsequent event-On facts, where the High Court accepted its own mistake in understanding the nature and purport of the undertaking given by the counsel appearing on behalf of the Appellant-Board and its correlation with as to what transpired in the AGM of the Board, the subsequent event may be taken into consideration by the Court for purpose of rectifying its own mistake-Furthermore, the impugned order passed in review is only interlocutory in nature and not wholly without jurisdiction so as to warrant interference-Discretionary jurisdiction under Article 136 of the Constitution not required to be exercised-However directions given in terms of Art.142 of the Constitution-Constitution of India. 1950- Articles 136 and 142. Doctrines-Doctrine "actus curiae neminem gravabit "-Applicability of Words and Phrases-Words 'sufficient reason' in Order 47, Rule 1 Meaning of. Respondent No.1 filed suit for declaration and injunction in the High Court, expressing apprehension that Appellant-Board in its ensuing election of office bearers would not permit some candidates to contest on ground of residence. Single Judge of the High Court appointed Mr. S. Mohan, a former Supreme Court Judge as a Commissioner to conduct the elections. In Letters Patent Appeal before the Division Bench, an undertaking was given by the counsel appearing on behalf of the Board that the Board would not disqualify any candidate for the post of President on the ground of residence, whereafter with consent of the parties, the suit itself was withdrawn and the appeal disposed of with conditional directions in accordance with which the Annual General meeting (election meeting) ~ was directed to be convened. After the meeting was held, Respondent No.1 filed review petition inter alia contending that the purported undertaking given by the counsel appearing on behalf of the Board was not adhered to and furthermore no appeal had been filed by the Appellants against the order of injunction passed by the Single Judge. The review petition was admitted by the Division Bench which observing that the undertaking given by the counsel of Appellant-Board across the Bar being not been given effect to in its letter and spirit, accordingly passed an interim order of injunction. Hence the present appeals, in which issues regarding validity of the election meeting (AGM) on ground of use of casting vote by the Chairman, Mr. Jagmohan Dalmiya and regarding exclusion of a member, i.e. the Maharashthra Cricket Association from voting through Mr. Agashe or any other person arose for consideration. |
Judge | Hon'ble Mr. Justice N. Santosh Hegde |
Neutral Citation | 2005 INSC 18 |
Petitioner | Board Of Control For Cricket, India And Anr. |
Respondent | Netaji Cricket Club And Ors. |
SCR | [2005] 1 S.C.R. 173 |
Judgement Date | 2005-01-10 |
Case Number | 237-239 |
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