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Turquand's Rule and internal Management of the Company

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Online need not enquire into the regularity of the internal proceedings what -Lord Hatherley called 'indoor management'. So if there is a managing director and buy terbinafine uk in the articles for the directors to delegate their powers to him, a person dealing with him may assume that it is within the ordinary duties of a managing director.

All he has to see is that the managing director might have power to do what he purports to do. But the rule cannot apply where the question, as here, is not one as to the scope of the power exercised by an apparent agent of the company, but is in regard to the very existence of the agency. Ltd,[5] the plaintiff company sued the defendant company on a loan for Rs. Among other things the defendant company raised the plea that the transaction was not binding as no resolution sanctioning the loan was passed by the board of directors.

The court, after referring to Turquand's case and other Indian cases, held: If the transaction in question could be authorised by the passing of a resolution, such an act is a mere formality. A bona fide creditor, in the absence of any suspicious circumstances, is entitled to presume its existence.

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Where the act is not ultra vires the statute or the company such a creditor would be entitled to assume the apparent or ostensible authority of the agent to be a real or genuine one. He could assume online such a person had the power to represent the company, legal to order viagra online, and if he in order advanced the money on such assumption, he would be protected by the doctrine of internal management.

Fioricet price cvs of police[6] the learned judge observed that the lenders to a company should acquaint themselves with memorandum and articles but they cannot be expected to embark upon an order as to legality, propriety and regularity of acts of directors.

The rule is based upon obvious reasons of convenience in business relations. Firstly, the memorandum and articles of associations are public documents, open to public ventolin inhaler for sale online. The rule is of great practical utility.

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