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2006 Supreme(SC) 853

S.B.SINHA, DALVEER BHANDARI
I. Nelson – Appellant
Versus
Kallayam Pastorate – Respondent


JUDGMENT

S.B. Sinha, J. - Leave granted.

2. The Indian Evangelical Lutheran Church (the Church, for short) has a large congregation consisting of several pastorates in the Church Council. It was registered under the Societies Registration Act, 1860 (for short, the 1860 Act). It runs a large number of schools and hospitals.

3. The State of Tamil Nadu enacted Tamil Nadu Societies Registration Act, 1975 (for short, the 1975 Act). Section 3 of the 1975 Act specifies the societies which may be registered thereunder, subject to the exceptions contained in Sub-Section (2) thereof. Section 4 provides for compulsory registration of such societies which are specified therein. The Act contemplated registration of such societies within such period as may be prescribed. Section 5 provides for optional registration. Section 36 provides for the power of Registrar to inquire into the affairs of the registered society. Cancellation of registration is envisaged under Section 37 thereof. Section 38 provides for cancellation of registration of society carrying on unlawful activities. The effect of cancellation of registration is laid down in Section 39. Section 40 provides for winding up of registered








































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