Institute of Company Secretaries of India v. Biman Debnath
Finin2min Judgment Intelligence is provided for general informational and educational purposes only. It is not legal, tax, accounting, investment or other professional advice and is not a substitute for advice on the user's specific facts. The Finin2min summary, Q&A, reliance profile, fact-match indicators, comparisons and practical takeaways are editorial analysis and are not part of the Court/Tribunal judgment. Before citing, filing, advising or acting on a case, read the complete official judgment/order, verify the cause title, case number, coram, date, applicable statutory text and jurisdiction, and check subsequent appellate history, review/SLP status and later amendments. A similar fact pattern does not guarantee the same outcome. No advocate-client, CA-client or other professional relationship is created by use of this page.
Case in 2 minutes
Institute of Company Secretaries of India Vs Biman Debnath & Ors (Supreme Court) Date-7th November,2022 The Supreme Court of India today quashed the order of Single and Division bench of Calcutta High Court quashing and setting aside the election of office bearers of EIRC of ICSI held on 27-12-2021 by explaining the difference between vacation of office and resultant absence from meeting and general absence from meeting. The court held that in case of vacation of office the remaining members have to elect chairman from the remaining members and the vice chairman cannot act as chairman which is only in case…
Result: Quashed / set aside. The controlling text is the reasoning and operative order in the packaged judgment, not this editorial summary.
Case snapshot
Sections / provisions: Company Secretary Regulations
Questions before the Court / Tribunal
- Institute of Company Secretaries of India Vs Biman Debnath & Ors (Supreme Court) Date-7th November,2022 The Supreme Court of India today quashed the order of Single and Division bench of Calcutta High Court quashing and setting aside the election of office bearers of EIRC of ICSI held on 27-12-2021 by explaining the difference between vacation of office and resultant absence from meeting and general absence from meeting. The court held that in case of vacation of office the remaining members have to elect chairman from the remaining members and the vice chairman cannot act as chairman which is only in case…
- What factual, statutory and procedural conditions control the relief?
- How does the operative order apply to the parties and the challenged proceeding?
Material facts and procedural background
Institute of Company Secretaries of India …Appellant
appearing on behalf of the appellant and Shri Ritin Rai, learned
Appellant / assessee submissions
The packaged judgment does not separately label the appellant's submissions in an independently extractable passage. No contention is inferred; read the full order.
Revenue / respondent submissions
The packaged judgment does not separately label the respondent's submissions in an independently extractable passage. No contention is inferred; read the full order.
Court / Tribunal analysis and reasoning
3. We have heard Shri Sanjiv Sen, learned Senior Advocate
Operative decision and relief
learned Single Judge allowed the writ petition and set aside the
appears that the learned Single Judge quashed and set aside the
and set aside. The original writ petitions stand dismissed.
Present appeals are accordingly allowed. No costs.
Official source and later-history control
Primary record: OFFICIAL_PRIMARY_VERIFIED_AND_PACKAGED
Later-history status: REVIEW_CURATIVE_DOCKET_CHECK_PENDING
Supreme Court review and curative docket closure has not yet been evidenced.
Release decision: Official primary closed; publication is permitted with ongoing subsequent-history surveillance. Checked 2026-08-11; page is published as index,follow with reliance disclosure.
Ratio and legal principle
- The packaged judgment addresses Institute of Company Secretaries of India Vs Biman Debnath & Ors (Supreme Court) Date-7th November,2022 The Supreme Court of India today quashed the order of Single and Division bench of Calcutta High Court quashing and setting aside the election of office bearers of EIRC of ICSI held on 27-12-2021 by explaining the difference between vacation of office and resultant absence from meeting and general absence from meeting. The court held that in case of vacation of office the remaining members have to elect chairman from the remaining members and the vice chairman cannot act as chairman which is only in case…. The precise proposition must be read with the Court/Tribunal's reasoning and operative directions.
- Reliance depends on matching the statutory version, jurisdiction, procedural stage and material evidence recorded in the judgment.
Why this judgment matters
This decision is relevant to practitioners and affected parties dealing with institute of company secretaries of india vs biman debnath & ors (supreme court) date-7th november,2022 the supreme court of india today quashed the order of single and division bench of calcutta high court quashing and setting aside the election of office bearers of eirc of icsi held on 27-12-2021 by explaining the difference between vacation of office and resultant absence from meeting and general absence from meeting. the court held that in case of vacation of office the remaining members have to elect chairman from the remaining members and the vice chairman cannot act as chairman which is only in case… Its value lies in showing how the adjudicating forum connected the applicable rule to the proved facts and procedural posture.
Practitioner action points
- Match the statutory version, jurisdiction, procedural stage and decisive evidence before relying on the result.
- Verify current appellate, review and SLP history and any later amendment or controlling authority.
- Attach the complete judgment to the working paper or filing and cite the paragraph/page supporting the proposition.
Can I rely on this judgment?
| Authority level | Supreme Court |
|---|---|
| Source integrity | Sanitized mirror generated from the verified official Supreme Court PDF |
| Repository release | PUBLISH_READY |
| Reliance rule | Verify current history and cite the judgment's narrow proposition, not the editorial headnote. |
Does this case match your facts?
Stronger match when
- The same primary issue is raised.
- The same statutory version and jurisdiction apply.
- The procedural stage and burden of proof are comparable.
- The material documentary record is substantially similar.
Weaker / distinguishable when
- A later higher-court ruling changes the position.
- The statutory provision or relevant period differs.
- The evidence or procedural chronology is materially different.
- A defect decisive here was cured in the user's case.
Questions this judgment answers
What was the main dispute in Institute of Company Secretaries of India v. Biman Debnath?
Institute of Company Secretaries of India Vs Biman Debnath & Ors (Supreme Court) Date-7th November,2022 The Supreme Court of India today quashed the order of Single and Division bench of Calcutta High Court quashing and setting aside the election of office bearers of EIRC of ICSI held on 27-12-2021 by explaining the difference between vacation of office and resultant absence from meeting and general absence from meeting. The court held that in case of vacation of office the remaining members have to elect chairman from the remaining members and the vice chairman cannot act as chairman which is only in case…
Which facts matter most?
Institute of Company Secretaries of India …Appellant
What did the Supreme Court decide?
Present appeals are accordingly allowed. No costs.
What legal principle can be taken from the judgment?
The packaged judgment addresses Institute of Company Secretaries of India Vs Biman Debnath & Ors (Supreme Court) Date-7th November,2022 The Supreme Court of India today quashed the order of Single and Division bench of Calcutta High Court quashing and setting aside the election of office bearers of EIRC of ICSI held on 27-12-2021 by explaining the difference between vacation of office and resultant absence from meeting and general absence from meeting. The court held that in case of vacation of office the remaining members have to elect chairman from the remaining members and the vice chairman cannot act as chairman which is only in case…. The precise proposition must be read with the Court/Tribunal's reasoning and operative directions. Reliance depends on matching the statutory version, jurisdiction, procedural stage and material evidence recorded in the judgment.
Which provisions should be checked?
Company Secretary Regulations
When is the case most useful?
When the user's facts raise the same issue - Institute of Company Secretaries of India Vs Biman Debnath & Ors (Supreme Court) Date-7th November,2022 The Supreme Court of India today quashed the order of Single and Division bench of Calcutta High Court quashing and setting aside the election of office bearers of EIRC of ICSI held on 27-12-2021 by explaining the difference between vacation of office and resultant absence from meeting and general absence from meeting. The court held that in case of vacation of office the remaining members have to elect chairman from the remaining members and the vice chairman cannot act as chairman which is only in case… - at a comparable procedural stage and under the same statutory version.
What could distinguish the case?
Different evidence, jurisdiction, statutory period, procedural chronology, or later controlling authority can materially change the result.
Can it be cited without another current-law check?
No. Read the packaged judgment and verify current appellate/review/SLP history, statutory amendments and jurisdiction before citation or advice.
Section / provision impact
- Company Secretary Regulations - apply the exact version considered in the judgment.
Case network
Similar issue / useful comparison
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- M D Sons & Ors. v. ITO (Special Bench) - ITAT Bangalore Special Bench
Different outcome / possible distinction
- Pr. CIT v. Persistent Systems Pvt. Ltd. - Dismissed
- CIT(E) v. Hyderabad Cricket Association - Operative order controls
Related Finin2min resources
Full judgment and source control
Read / download packaged judgment record
Source class: SANITIZED_OFFICIAL_PRIMARY_JUDGMENT_COPY · Repository status: PUBLISH_READY
Finin2min Judgment Intelligence is provided for general informational and educational purposes only. It is not legal, tax, accounting, investment or other professional advice and is not a substitute for advice on the user's specific facts. The Finin2min summary, Q&A, reliance profile, fact-match indicators, comparisons and practical takeaways are editorial analysis and are not part of the Court/Tribunal judgment. Before citing, filing, advising or acting on a case, read the complete official judgment/order, verify the cause title, case number, coram, date, applicable statutory text and jurisdiction, and check subsequent appellate history, review/SLP status and later amendments. A similar fact pattern does not guarantee the same outcome. No advocate-client, CA-client or other professional relationship is created by use of this page.