Back
RAMESH SINHA, SAROJ YADAV
Most Rev. John Augustine Inre 406 M/S 2015 – Appellant
Versus
Christ Church Mcconaghy School Society Lucknow – Respondent
| Table of Content |
|---|
| 1. formation and structure of christ church mcconaghy school society. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding jurisdiction and management control. (Para 18 , 21 , 22 , 23 , 29) |
| 3. legal provisions governing society registration disputes. (Para 67 , 68 , 69) |
| 4. assessment of jurisdiction of deputy registrar. (Para 76 , 79) |
| 5. final judgment and dismissal of the appeal. (Para 81 , 82) |
JUDGMENT :
RAMESH SINHA, J.
(A) Introduction
1. The instant intra Court appeal under Chapter VIII Rule 5 of the ALLAHABAD HIGH COURT RULES , 1952 has been preferred by Most Rev. John Augustine (appellant herein/respondent no. 3 in writ petition), challenging the correctness of the judgment and order dated 28.05.2015 passed in Writ Petition No. 406 (M/S) of 2015: Christ Church McConaghy School Society, Lucknow and Another vs. Registrar, Firms, Societies and Chits, Lucknow and Others , whereby the learned Single Judge, while quashing the order dated 07.02.2015 passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow, by which the General Body of the writ petitioners’ society (Christ Church Mc Conaghy School Society, Lucknow) was declared invalid and further directed the
The court established that the Registrar does not have the authority to transfer cases between Deputy Registrars under the Societies Registration Act, and that prior findings against a party must be ....
Point of Law : Parties could not have been relegated to avail the remedy provided under Section 25 (1) of the Act. In fact, the Deputy Registrar in the order impugned was not concerned only with elec....
Section 4-B of Act, 1860, Registrar is not supposed to make adjudication of dispute of correctness of membership like a Court but whenever a list is submitted or there is any change in the list of me....
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 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.
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
