Back
ARUN DEV CHOUDHURY
RASHTRIYA GRAMIN VIKAS NIDHI (RGVN) – Appellant
Versus
UNION OF INDIA, THROUGH THE SECRETARY, NEW DELHI – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Ms. S. Sarma, learned counsel for the petitioner. Also heard Mr. S. Sarma, learned senior counsel assisted by Mr. A. Gautam, learned counsel for the respondent Nos. 2, 4 and 5 and Mr. M.K. Choudhury, learned senior counsel assisted by Mr. M. Dutta, learned counsel for the respondent No. 3.
2. The present writ petition is filed seeking a writ of mandamus and/or certiorari and/or any writs of like nature restraining the respondents from interfering with the affairs of the petitioner society. It is further prayed that pending disposal of the writ petition, the respondents more particularly, respondent No. 1(a) to 5 be restrained from interfering in the affairs of the petitioner society, till contentions raised in Title Suit 605/2023, pending for disposal in the court of learned Civil Judge, Senior Division, Kamrup (M) at Guwahati, is decided and as an interim measure to direct the respondent Nos. 6 to 9 to defreeze the accounts of the petitioner society.
3. The brief facts of the case of the petitioner as urged by Ms. S. Sarma, learned counsel and pleaded in the writ petition is to the effect that Rashtriya Gramin Vikas Nidhi (for short RGVN), is
The court emphasized that the freezing of bank accounts requires a clear determination of ownership and authority, which was not established in the pending civil suit.
Disputes arising from the internal management of a registered society are not justiciable in writ jurisdiction and must be resolved in a competent civil court.
The court established that disqualification under Section 76(B) requires clear evidence of misconduct, and the inquiry process must be thorough and fair.
A society, as a juristic person, must be represented by the appropriate persons to maintain a writ petition under the Wakf Act, lacking locus standi otherwise.
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....
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
