Back
H. P. SANDESH
Krantiveer Sangolli Rayanna Residential High School Trust – Appellant
Versus
Krantiveer Sangolli Rayanna Residential High School Trust (R), Represented By Its Alleged Chairman, Shri Ramappa Pandappa Pammar – Respondent
ORDER :
(PER: HON’BLE MR. JUSTICE H.P. SANDESH)
1. Heard the learned counsel for the petitioner and learned counsel for the respondent No.1.
2. This writ petition is filed praying this Court to issue a writ in the nature of certiorari or any other order or direction quashing registration of respondent No.1-Trust by respondent No.2 at Registration No. OTHER LANGUAGE/1043/2011-12 produced at Annexure-K and issue any other writ or direction or order.
3. The main contention in this petition is that on 28.02.1979 the petitioner-Trust was registered with the Assistant Charity Commissioner, Belagavi at Registration No.E-494(BGM). Revappa Hanjappa Lamani who represents as Chairman in the present petition was elected as the Chairman of the petitioner-Trust on 17.08.2003. The respondent-Ramappa Pandappa Pammar who claims to be the Chairman of respondent No.1-Trust along with two others filed a suit against the petitioner-Trust, its Chairman and Managing Committee members in O.S.No.5/2008 before the Court of Principal District Judge, Belagavi on 24.09.2008. The said Court rejected I.A.No.II for temporary injunction but allowed I.A.No.III for appointment of Deputy Director of Public Instructions,
The court established that registration of a society with a name identical to an existing society is prohibited under Section 7 of the Karnataka Societies Registration Act, 1960.
The court established that the repeal of the Bombay Public Trusts Act, 1950 did not invalidate existing trusts, but proper registration and adherence to the KSR Act, 1960 were essential for charitabl....
Section 2(13) of the Trusts Act when the petitioner Society is registered under the Societies Registration Act and the same is registered for charitable purposes, it is deemed to be a charitable Trus....
The inquiry held by Deputy or Charity Commissioner under Section 19 is by no means an administrative or an executive inquiry The rules framed under the Act called the Bombay Public Trusts Rules 1951 ....
Procedural compliance in trust registration is mandatory; failure to notify interested parties invalidates the registration process.
The Registrar of Societies lacks the authority to cancel registrations of societies under the Societies Registration Act, 1860 without appropriate statutory provisions.
Trustees' unilateral resignations require acceptance by the Board, and the Registrar must register amendments without questioning internal validity.
Charity Commissioner under Maharashtra Public Trusts Act lacks jurisdiction to direct deletion of words suggesting government patronage from public trust names; remedy under Emblems Act if misleading....
Deemed registration under the Income Tax Act is valid if no response is received within six months; existing registration remains effective despite subsequent unnecessary applications.
A society registered under the Societies Registration Act, 1860 is not required to register under the Chhattisgarh Public Trusts Act, 1951 to maintain a suit as a public trust.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
