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HIGH COURT OF UTTARAKHAND
SHRI GURU TEG BAHADUR SENIOR SECONDARY SCHOOL – Appellant
Versus
VIRENDER SINGH CADHA – Respondent
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 the first respondent alleges to have become unopposed Chairman of a private Society-School namely Shri Guru Teg Bahadur Senior Secondary Public School, Haldwani for a term of five years, although there was colossal opposition of the first respondent and when other names were proposed of the post of Chairman, the said meeting was disbursed. The first respondent lost the last election from one Pramajeet Singh @ Shanty, who was elected Chairman of “Khalsa National Girls Inter College’ and ‘Shri Guru Teg Bahadur Sr. Secondary Public School’ in a common ele
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....
The court upheld the Single Judge's decision, emphasizing the importance of judicial review in administrative actions and the need for civil courts to resolve disputes between factions in a registere....
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