IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN BHANSALI, C.J., KSHITIJ SHAILENDRA
Keshbhan Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Kshitij Shailendra, J.
1. Heard Shri Gajendra Pratap Singh, learned Senior Advocate assisted by Shri Jai Singh Parihar for the appellants, learned Standing Counsel for respondents no. 1 to 3 and Shri Anil Bhushan, learned Senior Advocate assisted by Shri Manish Kumar Pandey for respondents no. 4 to 8 in Special Appeal No. 371 of 2026. Same learned Senior Advocates have been heard in the connected Special Appeal Defective No. 337 of 2026, but from reverse side.
2. These two special appeals raise challenge to the order dated 13.03.2026 whereby the learned Single Judge has disposed of Writ – C No. 8732 of 2026 (Dr. Keshbhan Singh and another vs. State of U.P. and 7 others) setting aside the order dated 13.02.2026 impugned therein and remitting the matter to the Commissioner, Jhansi Division, Jhansi (‘Commissioner’) to decide an appeal only qua order passed under Section 25(2) of the Societies Registration Act, 1860 (‘the Act’). The learned Single Judge has further observed that so far as order passed by the Commissioner under Section 4-A of the Act is concerned, the private respondents will have liberty to avail legally available remedy.
3. Since the order passed by the learned
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....
Special appellate jurisdiction is limited to final orders; interim orders from writ petitions challenging tribunal decisions are not appealable under prevailing court rules.
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....
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....
The court affirmed that members must challenge resolutions to preserve their rights, and the Registrar's approval of amendments is valid if compliant with the Act and Rules.
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
Special appeals against tribunal decisions are barred under Section 100-A CPC, confirming that such tribunals lack the status of a court for appeal purposes.
Courts can mold relief and order investigations in cases of fraud, ensuring justice even beyond explicit petition requests.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.