Judgment Search Results Home > Cases Phrase: societies registration act 1860 section 2 memorandum of association Sorted by: recent Page 1 of about 965 results (0.116 seconds)

Avas Vikas Sansthan Engineering Association and ors. Vs. Avas Vikas Sa ...

Court : Rajasthan

Reported in : 2000(4)WLC647; 2007(3)WLN226

..... hereinabove i dispose of all the writ petitions in the following terms:(i) all the petitioners are entitled to unpaid salary which they used to get in the avs and the rajasthan housing board in view of section 13 of the societies registration act, 1860 read with clause 17 of memorandum of association of the avs shall arrange payment within 30 days from today. ..... they were trained in the use of low-cost building materials and technologies and it is the rhb who has to deal with them in view of clause 17 of the memorandum of association of avs and section 13 of the societies registration act, 1860. ..... avs could only be dissolved under section 13 of the societies registration act; 1860 by the members of the avs ..... section 13 of the societies registration act, 1860 reads as ..... avs is a society registered under the societies registration act, hence the board of directors was competent to take a decision for dissolution of the society and adjustment of ..... and flexibility in its working, each centre had to be managed by setting up of an organisation in the form of registered society under the societies registration act 1980. ..... is a society registered under the societies registration act, 1958. ..... that avs is a society registered under the rajasthan societies registration act. ..... the other argument that the petitioners have an efficacious alternative remedy under section 76 of the rajasthan cooperative societies act, is also fallacious as the relief sought in the writ petition cannot be granted under the .....

India Literacy Board, Lucknow Vs. Registrar of Firms, Societies and Ch ...

Court : Allahabad

Reported in : 1998(4)AWC730

..... cases relates to the management of india literacy board, a society registered under the societies registration act, 1860. ..... sent to all the members under the certificate of posting at least 21 days before the date of the meeting and that if the objects of the board are required to be amended the procedure laid down in the act (societies registration act. ..... the society is governed by a memorandum of association and a set of rules and regulations formulated in 1976 (hereinafter referred to as ..... therefore, it is clear to us that intention of the framers of the memorandum of association and the rules was to include the chairman and vice-chairman as members of ..... on perusal of the provisions of clause 5 of the memorandum of association and of articles 8, 9 and 12 of the rules, it )s our considered view that the assistant registrar was in error in holding that the chairman and vice-chairman are not members of the board and the ..... from clause 5 of the memorandum of association, it is clear that the members of the board as on 14.8.1976 were 16 including chairman and ..... are held to be operative, he would identify the members who had disqualified themselves on holding the position for two consecutive terms and then proceed to take a decision for conducting fresh elections under section 25 (1) of the societies registration act. ..... he sustains the amendment then, of course, he may proceed to get the dispute settled by making a reference to the prescribed authority under section 25 (2) of the act ibid.'25. .....

Y.P. Gupta Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1975Delhi453

..... this is why the members who form the society have to subscribe their names to the memorandum of association under section 1 of the societies registration act, 1860 and the members who form a company have to sign the memorandum of association under section 15 of the companies act, 1956. ..... the societies registration act requires only the memorandum of association and the rules of the society to be filed with the registrar. ..... registration of societies act, a meeting of those who would constitute the council was to be convened to consider the terms of memorandum of association and the rules and regulations to be filed with the registrar of joint stock companies. ..... this is done when the society makes its own rules which are also to be filed with the memorandum of association with the registrar of joint stock company when the articles of association of a, company are drafted and signed by the members of the company under section 30 of the companies act, 1956. ..... the object of the societies registration act and the companies act is not to create societies and companies but only to confer legal personality on existing societies and existing companies. ..... in the same resolution it was also decided that the council should not be constituted under an act of the imperial legislature but should be registered under the registration of societies act, 1860. .....

The Breach Candy Swimming Bath Trust and Others Vs. Dipesh Mehta and O ...

Court : Mumbai

..... smt.mohinder kaur (1993 supp (4) scc 26)on similar corresponding provisions under the societies registration act, 1860. ..... the apex court compared the said provision with the provisions of sections 18 and 19 of the companies act which mandate that the alteration or amendment to the memorandum of association of the company takes effect from the date of its registration only. ..... this is what our court in chembur trombay education society held: the apex court was called upon to examine similar provisions of the societies registration act, 1860. ..... we find that any of the provisions contained in bombay public trusts act or the rules thereunder do not mandate that amendment to the bye-laws or the rules of constitution of society passed by the society or trust shall not operate unless and until said amendment gets approval of charity commissioner / assistant charity commissioner etc. ..... understood thus, as a necessary corollary, it will have to be held that the respondent-shri marathe ceased to be the president of the society from the date when the general body elected another president in its meeting dated june 18, 1995. ..... a priori, any amendment or change brought about in accordance with law would come into effect from the date of resolution of the society to bring about such a change. ..... a fortiori, resolution of the general body of the society is sufficient to ignite the change of amendment in the constitution as well as of electing new general body for administering the affairs of the society. .....

Ashok Shikshan Sanstha and Others Vs. S.N. Dutonde and Others

Court : Mumbai Nagpur

..... the apex court compared the said provision with the provisions of sections 18 and 19 of the companies act which mandate that the alteration or amendment to the memorandum of association of the company takes effect from the date of its registration only. ..... the apex court was called upon to examine similar provisions of the societies registration act, 1860. ..... the public trust by name ashok education society ( registration no. ..... whether the governing body and public trust are one and same or adjudication of right of rival smaller groups claiming to be elected by the general body of such trust/society to function as the governing council and appointment of an administrator on trust till then are the aspects involved here. ..... understood thus, as a necessary corollary, it will have to be held that the respondent-shri marathe ceased to be the president of the society from the date when the general body elected another president in its meeting dated june 18, 1995. ..... f-47 by name ashok educational society duly registered under the bombay public trust act, hereinafter referred to as bpt act. ..... central hindu military education society 2007 (6) mh.l.j 589 is delivered on 26.7.2007 at nagpur. ..... a priori, any amendment or change brought about in accordance with law would come into effect from the date of resolution of the society to bring about such a change. .....

Director of Income Tax (Exemption) Vs. Vishwa Jagriti Mission

Court : Delhi

..... the assessee was incorporated as a society on 10.05.1993 under the societies registration act, 1860. ..... mansinghka trust of mumbai in december, 2005 until which time it was totally unaware of the lapses and irregularities committed by sikri, that the application made for registration of the society under section 12a(a) on 19.12.2005 was signed only by sikri and all this came to light in the course of the proceedings of the executive body meeting held ita nos.754/2010, 773/2010, 775/2010, 1092/2010, ..... sikri, its erstwhile treasurer, it cannot wash off its hands from the illegality committed by it, that the conduct of the society since inception had to be kept in mind, that it was inconceivable that the failure to apply for approval/ registration under section 12a and section 80g was not within the knowledge of the governing body of the society, that it was only after being cornered that the assessee came forward in february, 2006 to file the returns and ..... under the memorandum of association executed, the assessee claimed itself to be charitable institution. ..... venkatarama aiyar, j.speaking for the court are relevant: ...................the point for decision is whether there arises out of the order of the tribunal any question which can be the subject of reference under section 66 (1) of the act under that section, it is only a question of law that can be referred for decision of the court, and it is impossible to argue that the conclusion of the tribunal is anything but one of fact. .....

Sri Durga Malleswara Educational Society Vs. the District Legal Servic ...

Court : Andhra Pradesh

..... the societies registration act, 1860 (hereafter, central act) is an act for the registration of literary, scientific and charitable activities ..... an association or group of similar minded people with a memorandum of association with (objects therefor) the rules and regulations is registerable ..... sections 3 to 9 of the state act deal with registration of societies. ..... the high court of delhi rejected the same although it was held that under sections 223 and 236 of the succession act, only the persons who suffered legal incapacity to sue or being sued suffered disqualification and that the society may sue or being sued in a representative capacity. ..... the proviso to section 6 of the central act enables to sue the president or chairman or principal secretary or trustees of the society, if no other person is nominated for the purpose ..... the society filed an application for grant of letters of administration under section 276 of the succession act, 1925 ..... admittedly, a registered society is endowed with an existence separate from that of its members for certain purposes, that is not to say that it is a legal person for the purposes of sections 223 and 236 of the act. ..... all the property of the society, if not vested in the trustees shall vest in the governing body of the society (section 5) and every society registered under the central act may sue or be sued in the name of the president, chairman or principal secretary or trustees as shall be determined by the rules and regulations of the society. .....

Sri Durga Malleswara Educational Society Vs. the District Legal Servic ...

Court : Andhra Pradesh

..... the societies registration act, 1860 (hereafter, central act) is an act for the registration of literary, scientific and charitable activities ..... an association or group of similar minded people with a memorandum of association with (objects therefor) the rules and regulations is registerable ..... sections 3 to 9 of the state act deal with registration of societies. ..... the high court of delhi rejected the same although it was held that under sections 223 and 236 of the succession act, only the persons who suffered legal incapacity to sue or being sued suffered disqualification and that the society may sue or being sued in a representative capacity. ..... the proviso to section 6 of the central act enables to sue the president or chairman or principal secretary or trustees of the society, if no other person is nominated for the purpose ..... the society filed an application for grant of letters of administration under section 276 of the succession act, 1925 ..... admittedly, a registered society is endowed with an existence separate from that of its members for certain purposes, that is not to say that it is a legal person for the purposes of sections 223 and 236 of the act. ..... all the property of the society, if not vested in the trustees shall vest in the governing body of the society (section 5) and every society registered under the central act may sue or be sued in the name of the president, chairman or principal secretary or trustees as shall be determined by the rules and regulations of the society. .....

Commissioner of Income-tax, VijayawadA. Vs. Ms.Vijaya Vani Educational ...

Court : Andhra Pradesh

..... vani educational trust, chowdepalle in chittoor district (hereafter, the assessee) is an association registered under the societies registration act, 1860. ..... thirdly, based on the same memorandum of association, the cit granted registration under sections 12a and 8g of the act. ..... first, the trustees are laymen and were not aware of the provisions of the act while getting the memorandum of association prepared; secondly, the defects at the time of registration were rectified by passing a resolution in the board meeting and membership is open to all irrespective of caste, religion ..... if rule 3 of the memorandum of association initially restricted membership to the members of the family, it does not in any manner violate sections 13(1)(c) and 13(2) of the act. ..... nos.2 and 3 are academic, because as noticed by the cit (a), the memorandum of association was amended; question no.6 is based on finding of fact, which is not challenged and therefore, it does not fall for consideration; the assessing officer did not give reasons in coming to the conclusion that the assessee violated sections 11(5) and 13(1)(c); and that there is nothing in the memorandum of association to show that the assessee exists for profits. ..... the assessee exists for the benefit of a few people: a copy of the memorandum of association of the assessee is placed before us. ..... that the trust exists for the benefit of few members cannot be accepted as there has been an amendment in the memorandum of association as noticed supra. .....

Commissioner of Income-tax, VijayawadA. Vs. M/S.Vijaya Vani Educationa ...

Court : Andhra Pradesh

..... vani educational trust, chowdepalle in chittoor district (hereafter, the assessee) is an association registered under the societies registration act, 1860. ..... thirdly, based on the same memorandum of association, the cit granted registration under sections 12a and 8g of the act. ..... first, the trustees are laymen and were not aware of the provisions of the act while getting the memorandum of association prepared; secondly, the defects at the time of registration were rectified by passing a resolution in the board meeting and membership is open to all irrespective of caste, religion ..... if rule 3 of the memorandum of association initially restricted membership to the members of the family, it does not in any manner violate sections 13(1)(c) and 13(2) of the act. ..... nos.2 and 3 are academic, because as noticed by the cit (a), the memorandum of association was amended; question no.6 is based on finding of fact, which is not challenged and therefore, it does not fall for consideration; the assessing officer did not give reasons in coming to the conclusion that the assessee violated sections 11(5) and 13(1)(c); and that there is nothing in the memorandum of association to show that the assessee exists for profits. ..... the assessee exists for the benefit of a few people: a copy of the memorandum of association of the assessee is placed before us. ..... that the trust exists for the benefit of few members cannot be accepted as there has been an amendment in the memorandum of association as noticed supra. .....