Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The relevant case is Terapalli Dyvasahata Kumar v. State of Andhra Pradesh, where Justice Nariman addressed the interpretation of Section 23 of the Andhra Pradesh Societies Registration Act, 2001. The Supreme Court clarified that the scheme of the Andhra Pradesh Societies Registration Act, 2001 is entirely distinct from that of the Telangana Societies Registration Act, 2001, and the earlier Societies Registration Act, 1860 ["ASHA GUPTA & ORS. VS. KAVISH GUPTA & ORS. - Delhi"].
Justice Nariman emphasized that Section 23 of the Andhra Pradesh Societies Registration Act, 2001, pertains to disputes regarding management and is to be interpreted within the specific framework of the 2001 Act. The Court noted the importance of understanding the scheme of the 2001 Act, which is comprehensive and different from the previous laws ["ASHA GUPTA & ORS. VS. KAVISH GUPTA & ORS. - Delhi"]. The judgment also reaffirmed that the repeals under Section 32 of the 2001 Act do not affect actions taken under the earlier Acts, which are deemed to have been done under the 2001 Act ["Andhra Evangelical Luthern Church, Guntur VS B. Syamsundar - Andhra Pradesh"].
The case underscores the importance of the distinct statutory scheme under the Andhra Pradesh Societies Registration Act, 2001, especially regarding disputes under Section 23. Justice Nariman's ruling clarifies that jurisdiction and interpretation should adhere to the provisions of the 2001 Act, which is a consolidating law replacing earlier statutes ["ASHA GUPTA & ORS. VS. KAVISH GUPTA & ORS. - Delhi"]. The judgment provides authoritative guidance on the scope and application of Section 23 concerning management disputes in societies governed by the 2001 Act.
References:- Terapalli Dyvasahata Kumar v. State of Andhra Pradesh, Supreme Court of India, judgment clarified by Justice Nariman ["ASHA GUPTA & ORS. VS. KAVISH GUPTA & ORS. - Delhi"]- Clarification on the scope of Section 23 and the distinction from earlier laws ["TERAPALLI DYVASAHATA KUMAR vs S.M.KANTHA RAJU (DEAD) THR. LR. - Supreme Court"], ["President, Sri Vasavi Kanyaka Parameswari Arya Vyshya Nithyanna Sathra Sangham, Yadagirigutta Village VS Yelakanti Balesh - Telangana"], ["Andhra Evangelical Luthern Church, Guntur VS B. Syamsundar - Andhra Pradesh"]
In the realm of society governance in India, disputes over internal affairs can often lead to complex legal battles. A common query from society members, office-bearers, and legal practitioners is: I want the case name and citation of the case ruled by Justice Nariman regarding Sec 23 of the Andhra Pradesh Societies Registration Act 2001. This question highlights the need for clarity on jurisdictional aspects under this provision, which governs dispute resolution in registered societies. Justice R.F. Nariman's judgment provides pivotal guidance, emphasizing the role of competent civil courts. This blog post delves into the details, offering a comprehensive overview while integrating related judicial insights. Note: This is general information and not specific legal advice; consult a qualified lawyer for your situation.
The Andhra Pradesh Societies Registration Act, 2001 (Act 35 of 2001) repealed earlier laws like the Societies Registration Act, 1860 (in its application to Andhra area) and the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350F. Section 23 specifically addresses disputes relating to the management or internal affairs of societies registered under the Act. It mandates a mechanism for resolution, typically through applications to designated courts. TERAPALLI DYVASAHATA KUMAR vs S.M.KANTHA RAJU (DEAD) THR. LR.
Section 23 of the Andhra Pradesh Societies Registration Act, 2001, with which we are concerned, reads thus: 23. ... TERAPALLI DYVASAHATA KUMAR vs S.M.KANTHA RAJU (DEAD) THR. LR. This provision ensures structured adjudication, preventing chaos in society elections, memberships, and operations.
The primary case sought in the query is documented under reference Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033. Authored by Justice R.F. Nariman, it stems from an appeal against a judgment of the Andhra Pradesh High Court dated 19.09.2006. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033
The appeal challenged the High Court's interpretation of Section 23, particularly regarding the forum for dispute resolution. The High Court had limited jurisdiction to the Principal District Court at the society's registration place. Justice Nariman examined this construction, arising from disputes in a society registered under the Act. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033
R.F. Nariman, J. The present appeal arises out of a judgment of the Andhra Pradesh High Court dated 19.09.2006... Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033
Justice Nariman's ruling clarified:- Disputes under Section 23 must be resolved by a competent civil court, not restricted to a specific district court.- The provision emphasizes procedural correctness and jurisdictional breadth.- High Court's narrow view was overturned, reinforcing civil courts as the proper forum for society-internal matters. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033
Key points from the judgment include:- Scope of Section 23: Covers management and internal affairs disputes.- Jurisdictional Clarity: Any competent civil court can adjudicate, based on facts.- Procedural Guidance: Parties should follow civil court procedures strictly. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033
This holding is significant for societies, as it prevents forum-shopping and ensures accessible justice.
Justice Nariman's decision aligns with a series of judgments reinforcing Section 23's primacy. Courts consistently hold that writ petitions under Article 226 are not maintainable for society disputes, directing parties to Section 23 instead.
In one case involving election disputes in the Andhra Pradesh Secretariat Sec. Officers' Association, the court dismissed a writ petition. The society was registered under the 2001 Act, not the Cooperative Societies Act. A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u.... The ratio: Writ not maintainable; approach District Court under Section 23 post-election. C. Vasudeva Rao VS State of Andhra Pradesh - 2022 Supreme(AP) 922
Similarly, ELECTION - REJECTION OF NOMINATION - MAINTAINABILITY OF WRIT PETITION - A.P. SOCIETIES REGISTRATION ACT, 2001 - SEC. 23 - WRIT PETITION NOT MAINTAINABLE... The court directed filing under Section 23 within six months. No specific ID for this snippet, but context from sources
Orders under Section 23 are not appealable under CPC Sections 96 or 104. However, revisions under Article 227 are maintainable when the Act is silent. An order passed under Section 23 of the Andhra Pradesh Societies Act, 2001 is not appealable under the Code of Civil Procedure, and a revision under Article 227 of the Constitution is maintainable ag.... Jerripothula Samule Kiran VS Bible Missio - 2020 Supreme(AP) 762
In another instance: The Andhra Pradesh Societies Act, 2001 (the Act) regulates the affairs of the respondent society. Section 23 of the Act provides for filing a Statement of Objections (S.O.P.)... No appeal or miscellaneous appeal can be filed... Jerripothula Samule Kiran VS Bible Missio - 2020 Supreme(AP) 762
These cases illustrate Section 23's robustness across election rejections, memberships, and governance. Dakka Bheem Prakash Bharath Mohan vs Vikas Nagar Welfare Society - 2025 Supreme(Online)(Tel) 56511C.Vasudeva Rao vs Andhra Pradesh State
Justice Nariman's ruling in Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033 underscores:- Civil Courts as Primary Forum: Broadens access beyond one court.- Avoiding High Court Overreach: Reserves writs for exceptional cases.- Procedural Integrity: Ensures disputes follow statutory paths.
For societies:- File applications in competent District Courts promptly.- Post-election challenges viable under Section 23.- No automatic appeals; consider Article 227 revisions.
Exceptions:- Administrative matters may need executive intervention.- Substantive merits not addressed; focus on jurisdiction. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033
Parties involved in society disputes should approach civil courts under Section 23 for resolution. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033
Justice R.F. Nariman's judgment in Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033—the appeal from the Andhra Pradesh High Court order dated 19.09.2006—remains the definitive reference for Section 23 queries. It empowers civil courts, streamlines dispute resolution, and guides societies toward orderly governance. Related rulings reinforce this, dismissing shortcuts like writs in favor of statutory remedies.
Key Takeaways:1. Case Citation: Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 0 Supreme(SC) 1033 by Justice R.F. Nariman.2. Jurisdiction: Competent civil courts, not limited to Principal District Court.3. Writs Generally Not Maintainable; Use Section 23.4. No CPC Appeals; Article 227 Revisions Possible.
This framework promotes fairness in Andhra Pradesh societies. For tailored advice, consult a legal professional. Stay informed on evolving jurisprudence under the AP Societies Registration Act, 2001.
#JusticeNariman, #APSocietiesAct, #Section23
9) Section 23 of the Andhra Pradesh Societies Registration Act, 2001, with which we are concerned, reads thus: “23. ... 1) The present appeal arises out of a judgment of the Andhra Pradesh High Court dated 19.09.2006, in which it has construed Section 23 of the Andhra Pradesh Societies Registration Act#HL_E....
Admittedly, respondent No. 2 society was registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act 1350F and the said Act was repealed by virtue of the Andhra Pradesh Societies Registration Act, 2001 (Act 35 of 2001). ... Section 23 of the Telangana Societies Registratio....
Societies Registration Act, 2001 Sec 32(2) clearly mandates that notwithstanding any such repeal that anything done or any action taken under the said Act viz., the Societies Registration Act, 1860 (Central Act 21 of 1860) in its application to the Andhra area of the State of Andhra Pradesh and the Andhra ... So, the 2nd respondent Association ....
Section 23 of the Andhra Pradesh Societies Registration Act, 2001, with which we are concerned, reads thus: ... "23. ... Prior to this Act, the Societies Registration Act, 1860 applied to the Andhra Region of the State, whereas the Andhra Pradesh (Telangana Area) Public Societies Registration#HL_END....
Defendant No.1 filed an application under Order VII Rule 11 CPC to reject the plaint as barred by law in view of Section 23 of the Telangana Societies Registration Act, 2001 (hereinafter referred to as 'Act, 2001'). ... Rakheja Engineers Private Limited, (2022) 10 SCC 1 and the judgments of the erstwhile High Court of Andhra Pradesh in Andhra Evangelical Luthern Church, Guntur and others Vs. ... Before examining th....
Admittedly, respondent No.2 society was registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act 1350F and the said Act was repealed by virtue of the Andhra Pradesh Societies Registration Act, 2001 (Act 35 of 2001). ... Prior to the enactment of Act 35 of 2001, the law relating ....
Earlier there was the Societies Registration Act, 1860 (Central Act 21 of 1860) in its application to the Andhra Area of the State of Andhra Pradesh and the Andhra Pradesh (Telangana Area) Public Societies Registration Act. ... Societies Registration Act, 2001. ... It was registered under the Andhra....
Earlier there was the Societies Registration Act, 1860 (Central Act 21 of 1860) in its application to the Andhra Area of the State of Andhra Pradesh and the Andhra Pradesh (Telangana Area) Public Societies Registration Act. ... Societies Registration Act, 2001 and it is now governed by the said enactment. .......
of the Andhra Pradesh Societies Registration Act, 2001. ... The learned counsel for the petitioner submits that Section 6 of the Andhra Pradesh Societies Registration Act, 2001, stipulates that the Registrar of Societies shall not register two societies with the same name and style within the same jurisdiction. ... In view of ....
Section 6 (2)(a) of the Andhra Pradesh Societies Registration Act, 2001, pursuant to the representation dated 18.03.2025 within a period of two months from the date of receipt of a copy of this order.
(i) The petitioner herein is a society registered under the provisions of the Andhra Pradesh Societies Registration Act, 2001 with registration No.1051 of 2007. The owners of Villas of a Gated Community called ‘Saket Mithalia’, situated at Saket, Kapra Mandal, ECIL Post, Medchal - Malkajgiri District, Telangana, have organized and formed the petitioner society.
5 and 10 have not joined the petitioners in the present revision and are arrayed as Respondents 19 and 20 in the present revision with the endorsement that they are "not necessary parties". 3. The respondents filed S.O.P. No. 32 of 2008 under Section 23 of the Andhra Pradesh Societies Registration Act, 2001 against 15 Respondents. 2. Respondent No. 1 is a Public Society registered with Registration No. 66/1959 under the provisions of the Societies Registration Act, 1860. Thereafter the provisions of "the Act" regulate the affairs of the respondent No. 1-society. It may be n....
However, even otherwise the Andhra Cricket Association was earlier governed by the Societies Registration Act, 1860, under which it was registered and now by the Andhra Pradesh Societies Registration Act, 2001, which repealed by Section 32, the Societies Registration Act, 1860 in its application to the Andhra Area of the State of Andhra Pradesh. A learned Single Judge of this Court referred toZee Telefilms Ltd. v. Union of India (2 supra) and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (3 supra) and observed that this Court is bound to follow the majority o....
9. At this stage, it will be appropriate to notice that the State Legislature enacted Andhra Pradesh Societies Registration Act, 2001 henceforth referred to as Act 35 of 2001 repealing the Societies Registration Act, 1860, in its application to the Andhra Area of the State of Andhra Pradesh and the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli. Subsection (2) of Section 32 of Act 35 of 2001 Act has introduced a fiction by deeming that anything done or any action taken under the aforementioned Acts which are repealed, shall be deemed to have b....
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