Court : Delhi
Reported in : 151(2008)DLT594; 2008(104)DRJ478
..... declaration declaring that no amalgamation of ehirc delhi took place with ehirc chandigarh.a) ...in the alternative, pass a decree of declaration declaring the amalgamation of ehirc-delhi with ehirc-chandigarh as non-est, void and bad in law in view of the provisions contained in the societies registration act, 1860;b) ...pass a decree of declaration thereby declaring the conversion of ehirc-chandigarh (post amalgamation) into a limited company under the companies act, 1956, as being void and contrary to law;c) ...pass a decree of permanent injunction in favor of the plaintiffs and against ..... paragraph 7, it has been mentioned that in the year 1981, the escorts heart institute and research centre, delhi (ehirc-delhi) was registered as a charitable society under the societies registration act, 1860 with the objective of running a world class specialist heart institution for the general public and to carry on research and development in the field of medicine. ..... was in a fiduciary capacity and by adopting the colourable device of amalgamation and registration of a limited company, has obtained a substantial beneficial interest in the property of the society and has also sought to make profits like selling its interest in the property in the shape of shares in ehircl (defendant no. 2) ..... 17 of the plaint, it is alleged that ehirc-chandigarh moved an application under section 565 of the companies act, 1956 for registration as a limited company under part ix of the companies act, 1956. .....
Tag this Judgment!Court : Kerala
Reported in : 2006(3)KLT67; (2006)IIILLJ427Ker
..... definition and among other establishments it includes any commercial establishment coming within the meaning of section 2 of the kerala shops and commercial establishments act 1960, an establishment including a society registered under the societies registration act, 1860 or the travancore cochin liberary, scientific and charitable societies registration act, 1955, which carries on any business, or trade or any work in connection therewith or ancillary thereto and which employs, or on any working day during the preceding twelve months employed, more than twenty persons; but does not include ..... it has also been clearly provided that such establishments included societies also whether they are registered under the societies registration act, 1860 or the travancore cochin literary, scientific and charitable societies registration act, 1955, in case such societies carry on any organised activity in connection with the objects of the society and in the process employ the prescribed number of employees. ..... it is the contention of the petitioners that it is a society registered under the provisions of the travancore cochin literary, scientific and charitable societies registration act, 1955 and it is an association of persons accepted as members of the club as per the provisions of the memorandum of association and bye-laws of the club. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC3050
..... aggrieved by the above order, the appellants have preferred this special appeal inter alia on the ground that the registrar has no power under section 25 (2) of the societies registration act, 1860 [hereinafter, referred to as the act] but the learned single judge has passed the impugned order upholding the order of the registrar for the reason that the case appeared to be of strange type, who without recording any finding declared the order of the registrar to be perfectly legal and justified. ..... further, by this order, the registrar has nullified elections that have 'already held on 1.7.2002 in pursuance of notification dated 20.6.2002 and giving complete go-bye to section 25 (1) of the societies registration act, has passed the impugned order allegedly under section 25 (2) of the act on the representation of the respondent no. 3.7. ..... by an interim order dated 9.7.2002, learned single judge while recording certain findings directed the registrar to hold the fresh election of committee of management within two months from that date in accordance with the relevant provisions of the societies registration act and rules framed thereunder.2. ..... section 25 of the act was amended by the societies' registration (uttar pradesh amendment) act, a perusal of the objects and reasons of the section makes the legislative intent clear that it was to provide a forum for deciding the dispute in respect of election or continuance in office of office-bearers of a society. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC3028
..... list of the office bearers so elected shall be registered under section 4 of the societies registration act and at that stage of proceedings any person aggrieved by the finalization of the list of members entitled to participate in the elections as well as procedure adopted in the elections will have liberty to raise objection before the assistant registrar and assistant registrar shall consider and decide the same by means of reasoned speaking order, before registering the list of office bearers under section 4 of the societies registration act, 1860.18. ..... 2086 of 1998, this court after considering the contention raised on behalf of parties, remanded the matter for decision to the prescribed authority under section 25(1) of the societies registration act, 1860 after formulating three issues to be adjudicated upon by the prescribed authority. ..... according to the petitioners, no dispute was raised in accordance with section 25(1) of the societies registration act, 1860 with regard to the election of office bearers of the society. ..... list of office bearers and members, which is accepted at the time when registration of the society is done, is merely provisional in nature, and in case any one is aggrieved by acceptance of the list of office bearers and members, the same can be assailed in the proceedings under section 25(1) of the societies registration act. .....
Tag this Judgment!Court : Delhi
Reported in : 156(2009)DLT697
..... of declaration declaring that no amalgamation of ehirc- delhi took place with ehirc chandigarh.a) in the alternative, pass a decree of declaration declaring the amalgamation of ehirc-delhi with ehirc-chandigarh as non-est, void and bad in law in view of the provisions contained in the societies registration act, 1860;b) pass a decree of declaration thereby declaring the conversion of ehirc- chandigarh (post amalgamation) into a limited company under the companies act, 1956, as being void and contrary to law;c) pass a decree of permanent injunction in favour of the plaintiffs and against ..... in fact, the first transaction impugned in the plaint is the amalgamation of the delhi charitable society with chandigarh non-charitable society purportedly carried out under section 12 of the societies registration act. ..... it is pertinent to mention that it is the appellants' case that section 12 of the societies registration act permits amalgamation of two societies with similar objects but does not at all permit amalgamation of a charitable society with a non-charitable or an alleged fraudulent conversion of a charitable institution into a private property ..... admittedly, against the said amalgamation, there is no statutory remedy available under the societies registration act and, therefore, the same can only be challenged by way a civil suit ..... he referred to section 12 of the societies registration act which permits a charitable society to change its object or to merge with a non-charitable society. .....
Tag this Judgment!Court : Gujarat
Reported in : [1995(70)FLR457]; (1994)2GLR1418
..... commercial establishment means an establishment who carries on any business, trade or profession or any work in connection with a incidental or ancillary to any business, trade or profession and includes a society registered under the societies registration act, 1860 (xxi of 1860) and a charitable or other trust, whether registered or not, which carries on whether for the purpose of gain or not any business, trade or profession or work in connection with a incidental or ancillary thereto but does not include a factory, shop, residential hotel, restaurant, eating ..... lakhia has drawn my attention to the fact that purposes of gain are to be overlooked and when bombay act applies to the societies registered under the societies registration act, 1860 or a trust whether registered or not with reference to the excluding part of the definition given in the latter part of sub-section (4) the petitioner panjarapole should be treated ..... lakhia because, the charitable or other trusts whether registered or not or society under the said 1860 act has to be shown as engaged in activity related to the business, trade, profession or work in connection with or ..... need not be establishments as understood under the said gratuity act or under the said bombay act, and when there are special definitions contained in both the enactments, the question raised in the present petition will have to be resolved with reference to the respective statutes which specifically apply to the claim of payment of gratuity. 7 .....
Tag this Judgment!Court : Chennai
Reported in : [1987(54)FLR195]; (1986)IILLJ415Mad
..... 6 of the societies registration act, 1860, it was provided that a society may sue or be sued in the name of the president, chairman, or principal secretary or trustee, as shall be determined by the rules and regulations of the society, and in default of such determination, then in the name of such person as shall be appointed by the governing body for the occasion. ..... ramasubramaniam, learned counsel for the petitioners, would first submit that there was a total misconception regarding nature of membership in the petitioner - club which was registered under the societies registration act, 1860 and now governed by the provisions of tamil nadu societies registration act, 1975. 3. ..... state of delhi : air1962sc458 is referred to for showing that when registration takes place under societies registration act, it is an unincorporated corporation and an essential element of the legal conception of a corporation is that its identity continues in that it belongs to the original member or members and their successors. ..... 21, societies registration act (hereinafter) called the societies act), is to the effect that a judgment passed under s. ..... officer is defined under societies act, as to include a member of the committee or any person authorised in this behalf by the by-laws of the society to bring or defend or cause to be brought or defended or other legal proceedings touching or concerning the registered society. mr. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP270; 1963MPLJ293
..... these two petitions are by persons who claim to be life members of the hitkarini sabha, jabalpur (hereinafter referred to as the sabha), which is a society registered under the societies registration act, 1860 (hereinafter referred to as the act) and has as its aims and objects, inter alia, the promotion of 'moral, social, and intellectual interests and well-being of the people' and the extension and promotion of 'literary, technical and other useful knowledge amongst the people ordinarily by maintaining a high school, an arts college, a law college. ..... the registration of the society under the act only gives to the sabha the status of a legal entity. ..... but by reason of the provisions of the act if the society is registered, then it enjoys the status of a legal entity apart from the members constituting the same and is capable of suing or being sued.learned counsel referred us to. ..... as is evident from the act, it is meant for the registration of literary, scientific and charitable societies and its object isto make provision for improving the legal condition of societies established for the promotion of literature, science,or for the diffusion of useful knowledge or for charitable purposes. ..... shri dube laid stress on the fact that the sabhawas a society registered under the act. ..... it is not shown that the provisions of act xxi of 1860 are infringed so as to give rise to a question of public importance. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC167; (1995)1GLR711; JT1994(5)SC152; 1994(3)SCALE796; 1995Supp(1)SCC485; [1994]Supp2SCR687
..... to or for the benefit of or used as of right by the hindu community or any section thereof as place of public religious worship.and public trust has been defined in section 2(13) thereof which reads as under:'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 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, 1860.7. ..... a bare conjoint reading of the two definitions would show that the definition of public trust is an inclusive one bringing within its ambit, an express or constructive trust for which a public religious or charitable purpose or for both which includes a temple, a math, a wakf, a charmed or any other religious or charitable endowment and a society formed either for religious or charitable purpose or for both and a registered society under society registration act. ..... on further appeal under section 72, at the instance of the appellants, the district judge declared that all the five temples and haveli are private properties and directed deletion of their registration under the act. ..... the facts for our decision are as under:the appellants' predecessors were called upon and under protest made an application under section 18 of the act for registration of the temples as public trust. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1990; (2009)IIILLJ225SC; (2009)3SCC194; 2009(3)SLJ51(SC)
..... - no private school shall be recognized, or continue to be recognized, by the appropriate authority unless the school fulfils the following conditions, namely:(i) the school is run by a society registered under the societies registration act, 1860 (21 of 1860), or a public trust constituted under any law for the time being in force and is managed in accordance with a scheme of management made under these rules;(ii) ... ..... 1, samarth shiksha samiti, is a society registered under the societies registration act, 1860 and was established with the object of catering to the educational needs of society. ..... 1 is found to be an employee of the samiti, could it be said that the respondent's service would be governed by the delhi school education act, 1973 and the rules framed there under or under the rules of the samiti?iii) if it is held that the provisions of the delhi school education act and the rules framed there under would govern the services of the respondent no. ..... on 9th may, 1992, the society (hereinafter referred to as `the samiti') appointed the respondent no. .....
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