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DEVENDRA KUMAR UPADHYAYA, OM PRAKASH SHUKLA
C/M Kranti Vidya Mandir – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Heard Ms. Bulbul Godiyal, learned Senior Advocate assisted by Sri Ram Raj Ojha and Ms. Pallavi Vatsala for the appellants, learned State Counsel representing the State Authorities and Sri M. B. Singh, learned Counsel representing respondent No.4.
2. This intra-Court Appeal under Chapter VIII Rule 5 of the Rules of the Court assails an order dated 11.04.2023 passed by the learned Single Judge whereby Writ-C No. 16057 of 2021 filed by the appellants-petitioners has been dismissed on the ground that number of persons, who had made the Reference before the Sub-Divisional Magistrate under section 25 (1) of the Societies Registration Act, 1860, were not impleaded as party-respondents, hence, the writ petition suffered from vice of non-joinder of necessary parties.
3. At the outset, Sri M. B. Singh, learned Counsel representing respondent No.4 has questioned the maintainability of this Special Appeal stating that in this case, the learned Single Judge has exercised his jurisdiction under Article 226 of the Constitution of India in respect of an order passed by a Statutory Authority, namely Sub-Divisional Magistrate under section 25 (1) of the Societies Registration Act, 1860, as s
Special appellate jurisdiction is limited to final orders; interim orders from writ petitions challenging tribunal decisions are not appealable under prevailing court rules.
Point of Law : Order passed on an application for interim relief is ordinarily not a "judgment" but it will qualify to be called ''judgment' if it affects valuable right of the party or decides an im....
Flat owners have a statutory right to membership in the society under the Apartment Act, and the Deputy Registrar has the authority to enforce this right.
The main legal point established in the judgment is that Sub-section (1-A) of Section 4 of the Societies Registration Act, 1860 provides for an appeal against an order made under Section 4 of the Act....
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 Sub-Court has jurisdiction under Section 92 of the CPC for public trust matters despite a subsequent registration under the Societies Registration Act.
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