Back
HIGH COURT OF UTTARAKHAND
SHRI GURU TEG BAHADUR SENIOR SECONDARY SCHOOL – Appellant
Versus
VIRENDER SINGH CADHA – Respondent
| Table of Content |
|---|
| 1. background of the case and disputes over governance. (Para 1 , 2 , 3) |
| 2. challenges regarding the election and management of the society. (Para 4 , 5 , 6) |
| 3. summary of the first appeal and related legal questions. (Para 7 , 8) |
| 4. citations supporting the appellant's arguments. (Para 11 , 12) |
| 5. legal standards regarding appellate court procedures. (Para 15 , 16 , 17) |
| 6. determining the legal validity of the lower court's decisions. (Para 18 , 20 , 22 , 23) |
| 7. final decision to remand case back for proper adjudication. (Para 30 , 31 , 32) |
JUDGMENT :
Lok Pal Singh, J.
1. Present second appeal has been filed assailing the judgment dated 14.03.2019 and its decree dated 25.03.2019, passed by First Addl. District Judge, Haldwani, in Civil Appeal No. 34 of 2018, Virender Singh Chadha Vs. Shri Guru Tag Bahadur Senior Secondary School & others, whereby the judgment and decree dated 10.07.2018, passed by Civil Judge (Senior Division), Haldwani in Civil Suit No. 10 of 2015, Shri Guru Teg Bahadur Senior Secondary School Vs. Harvinder Singh Chadha & others, was set aside and the suit has been dismissed.
2. Genesis of the present dispute relates to a meeting dated 28.02.2015, wherein t
The first appellate court must not reverse the trial court's decision without addressing its findings; failure to comply with procedural mandates renders the appellate judgment void.
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 the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
The court affirmed the validity of the Committee's elections under the Societies Registration Act, emphasizing adherence to bye-laws and authority established through prior judicial rulings.
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.
Compliance with Order-1 Rule-8 CPC was not necessary as the societies were capable of suing or being sued without taking recourse to the rule. The judgment in the earlier suit was binding on each and....
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....
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
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
