Resolution – Meaning of

Black’s Law Dictionary defines “resolution” as a main motion that formally expresses the sense, will, or action of a deliberative assembly. Advanced Law Lexicon by P.Ramanatha Aiyar, inter alia, provides that “a resolution is a procedural means available to the members of the Parliament or the State Legislature and the Ministers to raise a discussion in a House on a matter of public interest. It is a substantive motion. It is in the form of a declaration of opinion or a recommendation or in the form so as to record either approval or disapproval by the House of….”The underlying principle of a valid resolution is that it must be the expression of collective will of the resolving body. It is for this purpose that an agenda of the meeting is circulated amongst all members to enable them to participate in the meeting. Invite to all members of the general body to participate in a meeting is essential to ensure that the resolution should be passed unanimously or that each member must be present at the time of voting. What it means is that it should be passed with opportunity to all members to deliberate on the issue. A member may, or may not, participate in a meeting that is his choice. But an invitee must nevertheless be there for him to attend the meeting so that he has opportunity to deliberate on the issue. Board of Trustees v. Registrar, 2018 (126) ALR 296.

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Filed under Corporate Law, Resolution

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