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HIGH COURT OF UTTARAKHAND AT NAINITAL
SUBHASH UPADHYAY
Harish Mittal – Appellant
Versus
Registrar, Firms Societies – Respondent
| Table of Content |
|---|
| 1. unauthorized society member inclusion and illegal online meeting. (Para 2 , 3) |
| 2. registrar remanded to deputy registrar for fresh hearing. (Para 4 , 5 , 6 , 7) |
| 3. no power to review remand order post-judicial cognizance. (Para 8 , 9) |
| 4. registrar withdraws order complying with court direction. (Para 10 , 11) |
| 5. deputy registrar lacks jurisdiction under societies act. (Para 12) |
| 6. functus officio after remand; jurisdiction open before deputy. (Para 13 , 14 , 15) |
| 7. quash order; fresh decision by deputy within three months. (Para 16 , 17) |
Judgment :
Subhash Upadhyay, J.
Heard learned counsel for the parties.
2. Petitioner has filed this writ petition assailing the order dated 20.12.2025 passed by respondent no.1 - Registrar, Firm Societies and Chits (hereinafter to be referred as ‘the Registrar’), whereby the respondent no.1 has recalled his earlier order dated 26.11.2025 on the representation of respondent no.4 dated 12.12.2025 and has set aside the order dated 20.03.2025 passed by respondent no.2.
3. It is the case of the petitioner that the Doon Valley Public School is registered as a Society under the Societies Registration Act and the respondent no.4 had included new m
Authority issuing remand order to subordinate for fresh adjudication after hearing becomes functus officio and cannot review or recall it on later representation.
Registrar becomes functus officio after remanding matter to Deputy Registrar for fresh decision post-hearing and cannot review or recall the order, especially after court reliance leading to writ dis....
The Registrar's examination under Section 4-B of the Societies Registration Act, 1860 is limited to inclusion and deletion of members, and membership claims require examination in a civil suit.
Vacancies in society leadership require legally conducted elections under the Societies Registration Act.
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....
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....
Clarification that S.12-D and S.25 of the Societies Registration Act govern different disputes, with managerial disputes requiring resolution under S.25.
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