meeting

please define about which meeting u want to ask

ANNUAL GENERAL MEETING

  Adjournment refers to a postponed meeting due lack of minimum no. of members present (Quorum) or only one member present etc.

It means that meeting can be adjourned only because of non-presence of  of quorum , I don't agree wth you all.

Take a funny but realistic example

if in a meeting (AGM), a quarrel ( such as throwing of articles and stationery )  starts, but Quorum is present , as per you two this  meeting can not be adjourned (since quorum is present).

Is it so ?

please make ur defination exhaustive, non presence of quorum is only one  case........

According to me The Chairman may, with the consent of any meeting at which a quorum is present, and if so directed by the meeting, adjourn the meeting from time to time and from place to place.

If I am wrong then tell the same

So what  do you want to say, a  meeting can be adjourned only  after it is properly  held ?

clear this point . I simple words  - which is True

Meeting can be adjourned for the following purposes only,

A duly convened Meeting should not be adjourned arbitrarily by the Chairman.   The   Chairman  may adjourn  a  Meeting  with  the  consent  of  the  Members and  shall  adjourn  a  Meeting if so decided by the Members.

Meetings may be adjourned for want of requisite Quorum.  The Chairman may adjourn a Meeting in the event of disorder or other like causes, where it becomes impossible to conduct the Meeting and complete its business.

Now, look at the highlited words,

If & if only it is impossible to complete the business in meeting, then whatever be the cause, meeting can be adjourned.

Some examples of reason:

(1) Flood, earthquake, like natural disaster

(2) members inappropriate behaviour, police investigation, death of director, etc. man made reason

the list can be the endless.

If you need further clarification than contact me

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first one is half true, as valid meeting can be adjourned not only

second one is true, for reason see below.

third one is true, for reason see below.

Let us check one by one

(A) Suppose there is valid meeting is going on, and the earthquake happens. So, it is impossible to complete the business, because every members will run away from the meeting spot to save their life.

(B) Suppose, there is quorum of 5 members & 6 members are present in the meeting. the chairman started the meeting as requisite quorum was present, but after 30 minutes of the meeting, it is discovered that 3 person was not the shareholder of the company.

So, the meeting will be adjourned, as it is invalid.

(C)  (i) Automatic Adjournment : only chairman shall have power to adjourn meeting.

now, In a valid meeting the chairman dies after 30 minutes of meeting start.

So, this is the case of automatic adjournment, because chairman is died & nobody can announce on behalf of him in the meeting.

(ii) Chairman shall have a right to adjourn the valid meeting, This is simple, no reason required.

managers and directors, if they desire,  are free to check identity of any person attending a meeting , subsequent finding that some members are not genuine, invalidates the meeting from initio (begaining ) and no business can be in such a meeting,  Further any business(s) taransacted in that meeting is/ are  defunct i.e . ineffective

so I can not digest  this example

managers and directors, if they desire,  are free to check identity of any person attending a meeting , subsequent finding that some members are not genuine, invalidates the meeting from initio (begaining ) and no business can be in such a meeting,  Further any business(s) taransacted in that meeting is/ are  defunct i.e . ineffective

so I can not digest  this example

Your Viewpoint is wrong.

Only in the Contract act transaction becomes void ab initio & not in the company act, 1956.

The resolution passed at that meeting are subject to ratification in the adjourned meeting.

Note: In company law any wrong act done by company never become the Void ab initio.

That act of company may be subject to ratification from the Goct. authority or shareholders.

or company has to plead for the condonation of delay.

The word ab intio is not applicable to Company act any where.

Can a meeting be adjourned due to non- presence of quorum?

Yes, your concept of NO MEETING, NO APPROVAL AND NO ADJOURNMENT.

is wrong.

Because if the chairman has to ask the quorum for adjournment,

then in case of no quorum, How the meeting will be adjourned?

Does everybody shall have to go to the home without declaring any thing or chairman shall have to declare the meeting as adjourned using his common sense?

I think that, now you got the answer.

So, even where no quorum is present the meeting is the valid meeting,

however for transacting the business validly it is adjourned by the chairman.