Back
N. V. ANJARIA, KRISHNA S DIXIT
Malnad Development Foundaton – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT :
(Krishna S. Dixit, J.)
These intra-court appeals seek to lay a challenge to a learned Single Judge's common order dated 2.1.2023 whereby, private respondents' W.P.No.18018/2022 and appellants' W.P.No.17127/2022 have been disposed off with the following directions:
(ii) A mandamus issues to the 2nd respondent to act in terms of the direction issued by this Court in W.P.No.12702 of 2022 within two weeks' from the date of receipt of a copy of this order.
(iii) Writ Petition No.18018 of 2022 is dismissed with liberty to the petitioners to call in question the Annual General Body Meeting held on 17-03-2022 which has elected the office bearers to the Society before the competent civil Court, if they so desire."
(II) After service of notice, the State & its officials are represented by the learned Additional Government Advocate; the private respondents are represented by their counsel. The appeals are resisted by making submission in justification of the impugned order and the reasons on which the sam
The court upheld the Single Judge's decision, emphasizing the importance of judicial review in administrative actions and the need for civil courts to resolve disputes between factions in a registere....
The court affirmed that the Assistant Registrar must assess the bona fides of disputes before deciding on their referral to the Prescribed Authority under the Societies Registration Act.
A court must ensure that any interim orders affecting parties' rights are made only after providing an opportunity for all concerned parties to be heard, reinforcing the principle of fair hearing.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
The first appellate court must not reverse the trial court's decision without addressing its findings; failure to comply with procedural mandates renders the appellate judgment void.
No interference can be made in a writ petition for contesting the validity of the claim of members and the electoral college finalised by Assistant Registrar and the remedy open for petitioners is ei....
[The court established that consent terms in electoral disputes are binding and that the rejection of nominations must be based on clear and consistent grounds, emphasizing the rights of members in t....
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
