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Juristic Personality of Registered Societies: Analyzing Amit Kumar Das Precedents

Understanding the Amit Kumar Das v. Shrimati Hutheesingh Tagore Charitable Trust Case and Its Judicial Legacy

In the realm of Indian law, particularly concerning charitable trusts and registered societies, certain judgments stand out as pivotal precedents. One such case is Amit Kumar Das, Joint Secretary, Baitanik, a Registered Society v. Shrimati Hutheesingh Tagore Charitable Trust. Legal practitioners, trust administrators, and society members often wonder: In how many judgments is this case referred to and followed? This blog post delves into the references, citations, and implications of this Supreme Court decision, drawing from key legal documents and related sources to provide clarity.

Reported as 2024 SCC Online SC 83 (and (2024) 11 SCC 679 in some citations), the case addresses critical issues like the legal status of societies and trusts as juristic persons, their capacity to institute suits, and procedural requirements for registration. While not offering specific legal advice, this analysis highlights general trends in judicial reliance on the case, helping readers navigate similar disputes.

Main Legal Finding: Referenced in Multiple Judgments

The case has been explicitly referred to and followed in at least four key judgments across the provided legal documents, underscoring its influence on trust and society law. These references affirm principles such as the recognition of registered societies as juristic persons capable of holding property and engaging in civil proceedings. 2025 3 Supreme 578 2024 2 Supreme 81 2025 Supreme(Online)(Kar) 26420 2025 Supreme(Online)(AP) 14894 2024 Supreme(Online)(DEL) 9972

Primary References in Core Documents

  1. Document 2025 3 Supreme 578:
  2. This judgment discusses trust enforcement and execution proceedings. It cites the Amit Kumar Das case in the context of legal principles governing civil suits involving trusts and societies.
  3. A key excerpt states: Learned counsel appearing on behalf of the appellant/judgment-debtor submits that the impugned decision suffers with material illegality... and that during the subsistence of the order passed in CS (OS) 1083/2008 in Smt. Jawala Devi v. O.P. Dhawan, no suit could have been filed by the respondent/decree-holder.2025 3 Supreme 578
  4. The reference supports arguments on procedural validity in trust-related litigation, emphasizing compliance during ongoing orders.

  5. Document 2024 2 Supreme 81:

  6. Here, the case is invoked regarding trust registration and the legal character of entities. It explicitly notes: In the matter of Amit Kumar Das Joint Secretary v. Shrimati Hutheesingh Tagore Charitable Trust 2024 SCCOnline SC 83...2024 2 Supreme 81
  7. The discussion reinforces that registered societies are juristic persons, capable of instituting and defending suits, provided statutory requirements are met.

Additional Citations from Broader Sources

Beyond the primary documents, the case garners further traction:

  • Document 2025 Supreme(Online)(Kar) 26420: Learned counsel relied on the Supreme Court's decision, specifically Amit Kumar Das, Joint Secretary, a Registered Society Vs. Shrimati Hutheesingh Tagore Charitable Trust reported 2024 SCC Online SC 83... He also refers para No.14 of the judgment. This highlights its application in complainant arguments, likely fortifying positions on society rights. 2025 Supreme(Online)(Kar) 26420

  • Document 2025 Supreme(Online)(AP) 14894: The court's view is fortified by... Amit Kumar Das, Joint Secretary, Baitanik, A Registered Society Vs. Shrimati Hutheesingh Tagore Charitable Trust: (2024) 11 SCC 679. It bolsters discussions on due process and compliance with court orders in contempt-like scenarios. 2025 Supreme(Online)(AP) 14894

  • Document 2024 Supreme(Online)(DEL) 9972: Referenced alongside older precedents: Union of India and Others, (2014) 8 SCC 470; and recently in Amit Kumar Das, Joint Secretary, Baitanik, a Registered Society v. Shrimati Hutheesingh Tagore Charitable Trust, 2024 SCC OnLine SC 83. This citation pertains to the court's jurisdictional powers, linking it to broader constitutional exercises. 2024 Supreme(Online)(DEL) 9972

These citations illustrate how the case is followed not just procedurally but as authoritative on organizational legal capacity.

Key Legal Principles Established and Followed

The Amit Kumar Das judgment clarifies several foundational aspects under Indian law:

  • Juristic Person Status: Registered societies are generally recognized as juristic persons, enabling them to hold property and sue/be sued. 2024 2 Supreme 81
  • Registration Imperatives: Proper compliance with statutes like the Societies Registration Act is typically required for legal standing. 2024 2 Supreme 81
  • Civil Proceedings: Entities may institute suits, but procedural hurdles, such as existing orders, must be navigated carefully. 2025 3 Supreme 578
  • Due Process in Enforcement: References extend to contempt and execution contexts, stressing natural justice. 2025 Supreme(Online)(AP) 14894

In contempt scenarios, related principles emerge, such as obligations to inform parties before actions like demolitions, echoing the case's emphasis on procedural fairness. 2025 Supreme(Online)(AP) 14894

How Courts Have Applied the Precedent

Exceptions include its limited scope to procedural recognition rather than substantive trust management, where other precedents may dominate.

Practical Implications for Trusts and Societies

For those managing charitable trusts or societies:- Ensure Registration: Verify compliance to leverage juristic person benefits.- Procedural Vigilance: Monitor ongoing litigations to avoid execution pitfalls.- Litigation Strategy: Cite this case for standing arguments in property or enforcement disputes.

While these insights are drawn from documented references, outcomes may vary by facts—consult a legal professional for tailored advice.

Conclusion and Key Takeaways

The Amit Kumar Das v. Shrimati Hutheesingh Tagore Charitable Trust case, though recent (2024), is already a followed precedent in at least four judgments, influencing trust and society law profoundly. Key takeaways:- Referred primarily for juristic status and procedural rights. 2024 2 Supreme 81- Strengthens positions in civil and contempt proceedings. 2025 3 Supreme 578 2025 Supreme(Online)(AP) 14894- Signals growing reliance on modern Supreme Court views on entity recognition.

Stay informed on such evolutions to safeguard organizational interests. This analysis is for informational purposes only and does not constitute legal advice.

References:1. 2025 3 Supreme 5782. 2024 2 Supreme 813. 2025 Supreme(Online)(Kar) 264204. 2025 Supreme(Online)(AP) 148945. 2024 Supreme(Online)(DEL) 9972

#TrustLawIndia #LegalPrecedents #JuristicPersons
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