Court : Mumbai
Reported in : 2010(1)BomCR294
..... supra) is not the law laid down by the apex court under article 141 of the constitution and it is only the solitary observation made by the apex court in the ..... whether public trust being a society, a suit for recovery of property at the instance of chairman, president or secretary of the public trust alone is maintainable under section 6 of the societies registration act, 1860 is concerned, the trusts in question are the public trusts registered under the bombay public trusts act, 1950 and are not the societies registered under the societies registration , 1860 and, therefore, question of applicability of section 6 of the societies registration act, 1860 does not arise.shri mohta and shri chopde, learned counsel for the respondents, contended that decision of the apex court in the case of thayarammal (cited .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom12; (1961)63BOMLR379; ILR1961Bom381
..... justice kania held that the position of a society registered under the societies registration act, 1860, is like that of a club or a joint stock company, and in order to redress a wrong done to the society or to recover moneys or damages alleged to be due to the society, the action should be brought by the society itself. ..... (1) this appeal raises the question whether the bombay public trusts act, 1950, applies to a society registered under the societies registration act, 1860, and having its objects not confined to the state of bombay, now, so far as this case is concerned, the state of maharashtra. ..... section 2(13) of the act is in these terms:-2(13) 'public trust' means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, a walk, a dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under the societies registration act, 1860. ..... justice bhagwati allowed the plaintiffs top amend the plaint by describing themselves as members of the arya samaj, bombay, on behalf of themselves and all other members of the arya samaj, bombay, being a society registered under the societies registration act xxi of 1860, 'except the defendants'. mr. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom91; (1967)69BOMLR690; 1967MhLJ481
..... of bombay, : air1962bom12 , it was held by this court that a society registered under the societies registration act, 1860, is not a corporation, but merely an association of person, though for certain purposes it is recognised as an entity ..... this application is made by sakharkherda society, operating at sakharkherda and is registered under the societies registration act, 1860. ..... 1 is s society registered under the societies registration act of 1860 at anjansinghi, taluka chandur, district amravati, and petitioner no ..... 1 is a society registered under the societies registration act and started by the residents of village shrikhed, taluka morshi, district amaravati, petitioner no ..... as the society refused to admit the quota of 80 percent of he teachers in its school, the government informed the society that if the society failed to communicate its willingness to comply with the requirement within seven days, the government would be constrained to withdraw recognition accorded to the first year training college under rule 11 ..... though, therefore, such a society can sue through its president by reason of the provisions of the act, the suit must be still regarded as being on behalf of the members who constitute the society. ..... deshpande contended first that the right to form association carried with it the right to form association carried with it the right to carry on all activities of an association and since the rule prohibited the society from running the school it must be held to be invalid .....
Tag this Judgment!Court : Mumbai
Reported in : (1962)64BOMLR206
..... section 2(75) of the bombay public trusts act, 1950, defines 'public trust' to mean an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, a wakf, a dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under the societies registration act, 1860. ..... it will thus be noticed that the definition of 'public trust' includes a society formed either for a religious or charitable purpose and registered under the societies registration act, 1860. ..... the learned judge came to the conclusion on examination of the provisions of the societies registration act and comparing those provisions -with the provisions of the indian companies act that once the society is registered, the society enjoys the status of a legal entity apart from the members constituting the same and is capable of suing or being sued. ..... the society, that came to be registered, is just the spearhead or a vanguard of the society that was voluntarily formed by the free-will of the people and the society registered tinder the societies registration act can maintain a suit for and on behalf of the entire body. .....
Tag this Judgment!Court : Mumbai
Reported in : 1994(2)BomCR251; 1994MhLJ280
..... section 6 of the societies registration act, 1860 reads as follows :-'every society registered under this act may sue or be sued in the name of president, chairman or principal secretary or a trustees as shall be determined by the rule and regulation of the society and in default of such determination in the name of such persons as shall be appointed by the governing body for the occasion, provided that it shall be competent for any person having a claim for demand against the society to sue the president or chairman or a principal secretary or the trustee thereof, if one the application to the governing body some other officer or a person ..... he also supports the finding of the two courts below and the interpretation of section 6 of the societies registration act, 1860 and he rightly points out that in view of the definition of section 2(13) the society registered under the societies registration act, 1860 is also included in the definition of the said public trust. ..... the contention raised by the petitioner that the petitioner-trust in any event is registered under the provisions of societies registration act and in view of the provisions of section 6 of the societies registration act, 1860 the chairman and the secretary are entitled to file the suit and hence the suit would not be bad in view of the provisions of order 31 of the c.p.c. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom1; 2002(2)BomCR688; (2001)4BOMLR906; 2001(4)MhLj814
..... manila seva gram, pune is run by mahila seva mandal which is a charitable institution registered under the societies registration act, 1860 and bombay public trusts act, 1950. ..... material progress and her adjustment in the appellant's family with information of the date of arrival of the said minor from india to the appellant's home and the true copy of the adoption orders with the copies of the said report to the said indian council of social welfare, mumbai and further the agency which had submitted the home study report of the appellant, agreeing that in case of disruption of the appellant's family before adoption the said agency shall take care of the minor and find a suitable alternative ..... if he is permitted to adopt the minor child vaishnavi, she would get a better status in the society, a better life in her future life and better amenities to survive and grow up and to get more and more avenues open to her in her future life.20. ..... it shows that he has been well placed in his career and the society. ..... it is an approved home under the provisions of juvenile justice act, 1986 where amongst other socialactivities, abandoned and destitute children are sheltered, educated and trained for obtaining a better place in society and simultaneously efforts are made to find suitable adoptive parents for such children. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR916; [2006(108)FLR598]; 2006(1)MhLj83
..... the petitioner is a public charitable trust as well as a society registered under the bombay public trusts act, 1950 and the societies registration act, 1860. ..... mr.joshi, the learned counsel for the petitioner, by referring to the documentary evidence placed by both the parties on record as well as the oral depositions of the petitioner's witness mr.anil dahiwadkar and the respondent-workman, submitted that the nature of the duties performed by the respondent on his promotion as acting manager was managerial and there was no scope for the labour court to discard the said evidence and record a finding against the management on the first preliminary issue regarding the status of the respondent. ..... by the said award, it has been held by the learned judge of the labour court that the reference was maintainable and the issue raised by the management that the respondent was not a workman within the meaning of section 2(s) of the industrial disputes act, 1947 (for short, 'the act'), has been answered against it. 2. ..... what was required to be examined was the nature of the duties performed by the respondent-employee so as to determine whether he was a 'workman' within the meaning of section 2(s) of the act or he was out of the purview of the said term. ..... at the first instance, the claim made by the respondent-employee before the labour court was that he did not receive the appointment order at exhibit and he was never appointed to the post of acting manager as claimed by the employer. .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(92)FLR142]; (2002)ILLJ527Bom
..... registered under the societies registration act, 1860 as well as bombay public trust act, 1950 comprising of ex-employees of the petitioner-company, who voluntarily retired from the services of the petitioner in the year. ..... 1 is titled as the pal vrs employees welfare association and is registered under the societies registration act as well as bombay public trust act. ..... thus:'section 2(s) - 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that ..... 327 of 1995, directing the petitioner to pay the members of the 1st respondent the amount of arrears appearing against the name of eachmember in annexure 'a' to the said application and further directing to pay the interest at the rate of 12% per annum from the date of filing of the application before the court, under section 33-c(2) of the industrial disputes act, 1947 (hereinafter called as the said act).2. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR32; [2010]186TAXMAN494(Bom)
..... writ petition is filed by a society which is duly registered under the societies registration act, 1860 as well as under the bombay public trust act, 1960. ..... :.there is no statutory provision decisive of this issue (whether a pleader can compromise a suit in the interest of his client, though the vakalatnama is silent) and we have to garner the principles from various factors like the status and significance of the legal profession in society, the wider powers conferred on lawyers as distinguished from ordinary agents on account of the triune facets of the role of an advocate vis-a-vis the client, the court and the public and its traditions and canons of professional ethics and etiquette. ..... submitted that the argument of the petitioner that the permission granted by rbi to the foreign law firms to establish liaison offices in india is in violation of the 1961 act, is completely misconceived because, the 1961 act is enacted by the parliament in exercise of the powers conferred under entry 77 and 78 in list i to the seventh schedule to the constitution, which relate to constitution and organization of the supreme court and the high courts as well as the persons entitled to practice before the supreme court and before the high courts ..... therefore, if the co-operative societies act were to provide that an advocate of the high court of bombay shall not practise before the arbitral tribunal set up under that act, then the right of the advocate will be circumscribed by the provisions of that .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(6)BomCR1
..... the petitioner gramvikas shikshan prasarak mandal is a public charitable trust as well a society duly registered under the public trusts act, 1950, and the societies registration act, 1860, respectively, which claims that it is running one secondary school from 5th to 12th standard at talegaon dhamdhere. ..... permissions for new private schools are: (1) to ensure that they have the requisite infrastructure, (ii) to avoid unhealthy competition among educational institutions; (iii) to subject the private institutions seeking entry in the field of education to such restrictions and regulatory requirements, so as to maintain standards of education; (iv) to promote and safeguard the interests of students, teachers and education; and (v) to provide access to basic education to all sections of society, in particular the poorer and weaker sections; and (vi) to avoid concentration of schools only in certain ..... before we part with this matter, we consider it as the duty of the court to direct the state government to frame its policy with a due statutory backing in the light of the division bench judgment of this court in the case of gramvikas shikshan prasarak mandal and the principles of law stated by the supreme court in superstar education society, without any further delay. .....
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