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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANISH KUMAR NIGAM
B.M. Education and Social Institute – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. challenge to application under society registration act. (Para 2 , 3) |
| 2. need for court approval in property sales. (Para 4 , 5) |
| 3. inadmissibility due to lack of necessary parties. (Para 6 , 7 , 8) |
| 4. permission granted for filing new application. (Para 9 , 10) |
JUDGMENT :
Manish Kumar Nigam, J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed challenging the order dated 21.1.2025 passed by District Judge, Banda rejecting the application under Section 5A of the Society Registration Act, 1860 declining the permission to the society to execute a sale deed of the property of the society on the ground that original resolution and accounts of the society were not placed before the court below.
3. Learned counsel for the petitioner has submitted that the District Judge, Banda has erred in law in rejecting the application filed by the society under Section 5A of the Society Registration Act, 1807. There was no objection on behalf of any of the members of the society to the sale of the property of the society and therefore the application filed by the Society ought to have been allowed by the District Judge, Banda.
The court affirmed that permission for property transfers under the Societies Registration Act must involve all necessary members to protect their interests, as their absence precludes legitimate obj....
A registered society continues to exist unless officially dissolved, and property transfers must adhere to legal procedures to be valid.
The Court affirmed the right to membership in a society under the Karnataka Societies Registration Act and clarified the broad writ jurisdiction of the High Court to enforce statutory duties.
The court ruled that a decree against a Society is inexecutable due to non-compliance with mandatory representation provisions, and strict adherence to procedural rules under CPC is necessary for exe....
The court established that membership eligibility in a society is governed by its bye-laws, and individuals cannot claim membership rights without meeting the stipulated criteria. Additionally, the c....
Decrees against societies must adhere to statutory requirements for valid legal representation; non-compliance renders the decree inexecutable.
The Inspector General of Registration cannot adjudicate internal disputes of a Society; such matters must be resolved in Civil Court.
A society does not qualify as a Scheduled Caste entity under the U.P.Z.A. & L.R. Act, 1950, and thus requires prior approval from the Collector for land transfers involving members of Scheduled Caste....
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