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2008 Supreme(Gau) 613

H.BARUAH
Church of God – Appellant
Versus
State of Meghalaya – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: K. Khan, Adv.
For Respondents/Defendant: D. Dutta, N.D. Chullai and H.S. Thangkhiew, Advs.

JUDGMENT

H. Baruah, J.

1. The order dated 6.11.2003 passed by Commissioner and Secretary, Govt. of Meghalaya, ERTC Department under the provision of Section 11 of Meghalaya Societies Registration Act, 1983 (hereinafter referred as MSR Act, 1983) following an application made by Church of God Business Association, Assam and Meghalaya dated 13.6.2003 is the subject matter of challenge in this writ petition.

2. The brief facts may be summarized as under:

The Church of God, Business Association of Assam and Meghalaya having its headquarters and offices at Shillong came into existence on 8.7.1907 registered under the Sub-Registrar at Shillong as a trust and the said association through public contribution acquired properties etc. and carried out the aims and objectives for which it was formed.

3. Some dispute having been arisen among some of the members of Church of God, Business Association Meghalaya and Assam, a group had broken away on 17.4.1909 and formed an association under the name and style Church of God. Khasi Jaintia, Meghalaya, which was later registered under the Meghalaya Society Registration Act, 1983 (hereinafter referred to MSR Act, 1983) under the name and style, "Administra

















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