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2001 Supreme(Kar) 15

A.M.FAROOQ, H.L.DATTU, P.VENKATARAMA REDDI
BANGALORE GRAIN MERCHANTS ASSOCIATION – Appellant
Versus
DISTRICT REGISTRAR FOR SOCIETIES – Respondent


Advocates:
M.H.MOTIGI, S.R.SHANKAR, T.Basavaraju, UDAYA HOLLA

REDDI P. V, J.

( 1 ) APPARENTLY conflicting decisions of the division benches of this court on the scope and interpretation of Section 25 (1) of the Karnataka societies Registration Act (hereinafter referred to as 'the act') has given rise to this reference to the full bench. What are the preconditions for the exercise of power of holding or directing an enquiry by the registrar into the constitution, working and financial condition of a registered society? Whether the registrar could be said to have exercised power on his now motion, when such power is exercised on the basis of the complaint made by less than 1/3rd of the members of the society, and if so, under what circumstances? These, in brief, are the questions which fall for the consideration of the full bench.

( 2 ) TURNING to the facts first, we notice that the memorandum signed one by Sri ramaiah shetty (the impleaded respondent herein) a member of the Bangalore grain merchants association which is a registered society together with the purported signatures of 157 other members was presented to the chief minister of Karnataka on 11. 7. 1995 complaining against the manner of functioning of the governing body/managing commi
























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