Skip to content


Judgment Search Results Home  Phrase:societies registration act 1860

Apr 20 2007

Nagpur Vehicle Hire Purchase Association, a Society duly registered un ...

  • Decided on : 20-Apr-2007

Court : Mumbai

Reported in : 2007(4)BomCR246

... claim certain concessions carved out under the Central Rules and in particular of playing vehicles without obtaining registration under Rules 33, 34 and 35 thereof and hence insistence of authorities for trade certificate to financers is wholly unnecessary. (b) The Motor Vehicles Act, 1988, being a Central Legislation, no power of rule-making is vested with the State Government or ... insistence of authorities for trade certificate to financers is wholly unnecessary. (b) The Motor Vehicles Act, 1988, being a Central Legislation, no power of rule-making is vested with the State Government or any of its officers and, therefore, in absence of express provision requiring registration of dealer, financer, etc., insisting on a trade certificate for such person amounts to ... Rule 41. Therefore, we do not see any illegality in respondents' insistence that the petitioners should obtain a trade certificate. 7. While executing and implementing the provisions of the Act or the Rules, the Executive Authorities may face various practical problems and in public interest they would sort out those problems by following certain practices. It is always in ... provisions regarding concession carved out under a supporting legislation, i.e. Rules 33, 34 and 35 of the Central Rules, while the principal enactment, i.e. the Motor Vehicles Act, 1988, in no ambiguous terms, describes what the dealer. means. For ready reference, the definition of dealer. is quoted as below:Section 8 - dealer includes a person who is ...

May 05 2006

Prabhodan Education Society, Society registered under the Societies, R ...

  • Decided on : 05-May-2006

Court : Mumbai

... Petitioners wish to run the school in the same village the Petitioner would always be at liberty to apply for such permission in terms of Section 5 of the Education Act. We are also unable to accept the Petitioners contention that the GPS at Khorjuvem was handed over by the Petitioner because the experiment there had failed because as already stated ...

Jun 05 2006

The Goa Foundation, being a registered Society, registered under the p ...

  • Decided on : 05-Jun-2006

Court : Mumbai

... Kshitij R. Vyas, C.J.1. The first petitioner being a Society and the second petitioner who is the Secretary of the first petitioner have approached this Court for appropriate reliefs invoking P.I.L. jurisdiction of this Court initially with the ...

Jul 03 2007

Vidarbha Chambers of Commerce and Industries, a Association of Traders ...

  • Decided on : 03-Jul-2007

Court : Mumbai

Reported in : 2007(4)BomCR536; 2007(4)MhLj82

... reply. However, we do not find it necessary. Amendment is accordingly allowed. Necessary amendment be carried out during the course of the day. 3. The petitioner is a registered Society under the Societies Registration Act, 1860, and its locus to maintain such petition has not been disputed by Respondent No. 1 or by Respondent No. 2. State of Maharashtra. The petitioners have stated that they ... transit fee to be invalid in absence of quid pro quo. 13. B.S.E. Brokers' Forum v. Securities and Exchange Board of India, reported at : AIR2001SC1010 , again holds that registration fee sought to be levied by Security and Exchange Board of India on stockbrokers was regulatory in nature. While so holding, in para 30, the Hon'ble Apex Court has ... setting aside of relevant provisions of Standing Orders framed by Respondent No. 1 under the provisions of Section 466(1)(A)(f) of Bombay Provincial Municipal Corporation Act, 1949 (hereinafter referred to as the Act). As the necessary facts are already on record in writ petition with necessary assertions, we have allowed the amendment. Shri Ghare, learned Counsel for respondent No. 1 ... have contended that the octroi can be levied only if goods are imported for consumption, use or sale within municipal limits in view of provisions of Section 147 of the Act. They state that if the vehicle containing goods pass from one point to other point through Corporation limits, statute permits corporation to recover supervision charges/ transit fee. It is contended ...

Aug 31 2007

Guru Nanak Educational Society, a Society registered under the provisi ...

  • Decided on : 31-Aug-2007

Court : Mumbai

Reported in : 2008(3)BomCR374; (2007)109BOMLR2011; 2007(6)MhLj355

... -off date for all admissions to Engineering and Technology Courses is 31-8-2007, that is today.4. The petitioner in Writ Petition No. 3423 of 2007. Guru Nanak Educational Society had applied for starting a new Engineering College on 30-10-2006 by paying requisite fees to the Nagpur University. The proposal was then forwarded to AICTE, Western Regional Office ... , 2007.(iii) Other reasons as set out in the Affidavit filed in the proceedings pending before the Hon'ble High Court at Nagpur.8. Section 82 of the Maharashtra Universities Act, 1994 requires the universities to scrutinize applications received for starting new Institutions and to recommend to the State Government the Institutions, which deserve grant of permission. The State Government, in ... the three petitioners start their Colleges in this Academic Year.21. The order passed by this Court on 1-8-2007 in Writ Petition No. 1624 of 2007 Deccan Education Society v. State of Maharashtra and Ors. has also been made available for our perusal, it being short, we would reproduce it as under:Learned Counsel appearing for the University submits ... given effect to by the universities only in the subsequent Academic Year. Thereafter, the universities are expected to follow the procedure for affiliation prescribed in Section 83 of the said Act and grant affiliation to the concerned Colleges.9. After the communication of 'No Objection' by the Government of Maharashtra, we have been informed that respondent No. 3 University has granted ...

Jul 30 2009

Gyanodaya Shikshan Pracharak Samiti's, Gyanodaya B.Ed. College through ...

  • Decided on : 30-Jul-2009

Court : Mumbai

Reported in : 2009(6)MhLj177

... . 5886 of 2009 would be referred to.3. The Petitioner No. 1 in the said Writ Petition No. 5886 of 2009 is a society registered under the Societies Registration Act, 1860 and also a trust registered under the Bombay Public Trust Act, 1950. The Petitioner No. 1 claims to run several schools, high schools, arts, sicence, commerce college, including professional colleges such as BAMS, ... power of NCTE is concerned.74. It is thus clear that the Central Government has considered the subject of secondary education and higher education at the national level. The Act of 1993 also requires Parliament to consider teacher-education system 'throughout the country'. NCTE, therefore, in our opinion, is expected to deal with applications for establishing new Bed colleges ... the country'. NCTE, therefore, in our opinion, is expected to deal with applications for establishing new Bed colleges or allowing increase in intake capacity, keeping in view the 1993 Act and planned and coordinated development of teacher-education system in the country. It is neither open to the State Government nor to a university to consider the local conditions ... Parliament alone could have exercised the power by making appropriate law. In the circumstances, it is not open to the State Government to refuse permission relying on a State Act or on 'policy consideration.'64. Even otherwise, in our opinion, the High Court was fully justified in negativing the argument of the State Government that permission could be refused ...

Sep 05 2005

Abhinava Sahakar Education Society, a society registered under the Soc ...

  • Decided on : 05-Sep-2005

Court : Mumbai

Reported in : 2006(1)BomCR312

... respondents from executing or acting upon the said notification and further directing the respondents to restore the reservation of plot bearing No. 341 at MIG Colony, Gandhi Nagar, Bandra (East), Mumbai -400 051 for 'School and Cultural Centre'.2. The facts relevant for the decision in the matter are that, the petitioner-society, which is registered under the Societies Registration Act, 1860, was allotted a plot ... said Act', as also seeking direction to restrain the respondents from executing or acting upon the said notification and further directing the respondents to restore the reservation of plot bearing No. 341 at MIG Colony, Gandhi Nagar, Bandra (East), Mumbai -400 051 for 'School and Cultural Centre'.2. The facts relevant for the decision in the matter are that, the petitioner-society, which ... for change of user of the said plot for school purposes.In February, 1984, the Bombay Municipal Corporation passed the resolution sanctioning user of the said plot for the petitioner-society for the purposes of a school, and consequently the said notification dated 10th April, 1985 came to be issued. The fact about the change of user of the said plot ... price then fixed and payable annually by way of instalments. On the measurement of the plot, the area thereon was found to be 7301.25 sq.yards. When the petitioner-society proposed to construct a school building thereon, it was revealed that the area in question was reserved for a play ground in the draft development plan. The same was ...

Oct 05 2009

Mrs. Madeline Pereira widow Indian National Business person, authorize ...

  • Decided on : 05-Oct-2009

Court : Mumbai

Reported in : 2009(6)BomCR327

... Government under the Industrial Disputes Act, is to form an opinion about 'existance of an industrial dispute' within the meaning of Section 2(k) of Industrial Dispute Act.21. The scheme of Industrial Disputes Act does not complete such adjudicatory function, power or jurisdiction.22. This Court finds that bare mention of the Association i.e. the dissolved society for whom present petition is ... . The petitioner herein then submitted a representation to the Government of India on 14.6.2007, and prayed for amending the terms of refrence in order to eliminate the dissolved society, from the involvement in the reference.11. In the mean time the reference proceeded before the respondent No. 2. Petitioner herein applied before the respondent No. 2 for referring back ... has therefore amended the writ petition and challenged foregoing underlined part of the term of reference.16. The foundation of petitioner's grievance in relation to inclusion of petitioner's society is based on what is quoted in foregoing paragraph No. 6, based on the minutes of conciliation proceedings, at page 55, of writ petition paper book.17. Perusal of paragraph ... A.H. Joshi, J.1. This is a petition by a person who claims to be authorised in respect of final settlement of assets and liabilities of the dissolved society, namely as described in the cause title.Facts & Background2. The respondent No. 6 filed writ petition in this Court bearing No. 261/1991 and sought declaration that workers engaged by ...

Oct 12 2007

Canara High School Association A society regd. under Societies Registr ...

  • Decided on : 12-Oct-2007

Court : Karnataka

Reported in : 2008(2)KarLJ736; 2008(1)AIRKarR537; 2008LabIC(NOC)343(Kar)

... ORDERD.V. Shylendra Kumar, J.1. Writ petition by a society registered under the Societies Registration Act, 1860, claiming the right of minorities to establish and administer educational institutions of its choice in accordance with the provisions of Article 30 of the Constitution of India, who has questioned ... private educational institution to follow the policy of reservation in the matter of appointment to such institution, particularly when the Act itself is not made applicable, as such insistence acts at variance to the right guaranteed to persons like the first petitioner-society under Article 30 of the Constitution of India and therefore the action on the part of the respondents is also ... -2003 [Annexure-L to the writ petition] passed by the Government of Karnataka under Section 131 of the Karnataka Education Act [for short, the Act], dismissing both the appeals of the management for the reasons that the petitioners' contention that the first petitioner-society is not 'state' for the purpose of Article 16(4) of the Constitution of India, being a minority owned ... for the petitioners and the petitioners have to subject themselves to the regulatory measure; that the policy of reservation having found express in the statutory provisions of 1990 Act and the first petitioner-society though a minority institution, receiving aid from the state, has to necessarily conform to the requirements of this statutory provision, particularly as the reservation policy only ensures opportunity ...

Feb 28 2007

Shiv Kumar Akela, Advocate S/o Late Shri R.D. Ram, Vs. The Registrar, ...

  • Decided on : 28-Feb-2007

Court : Allahabad

Reported in : 2007(2)AWC2011

... 22 of the Societies Registration Act, 1860 for holding inquiry as contemplated under Section 23 and 24 of the societies Registration Act and after holding inquiry/investigation, further necessary action be taken if so required looking into the result of inquiry/investigation..Respondent No. 1, while submitting report, shall also suggest remedial measure to be taken by the society in question ... and 23-09-2005 passed in Writ Petition No. 55898/2004 Shiv Kumar Akela, Advocate and Ors. v. the Registrar, Societies, Firms and Chits under the Societies Registration Act 1860, Allahabad and others, directing the Assistant Registrar, Societies, Firms and Chits, Allahabad, Sri R.S. Sachan to call for the relevant documents/records in presence of a Judicial ... (6)) Alld. Law Report 727 Shiv Kumar Akela and Ors. v. Registrar Societies Firms & chits and Ors..42. Relevant extract, for convenience, reproduced below:It is conspicuous to note that none of the other Respondents (viz. The Registrar, Societies Finns and Chits-under Societies Registration Act, 1860, Allahabad/Respondent No. 1, Uttar Pradesh Bar Council/Respondent No. 5, ... legal practioners' in High Court, Allahabad. One of them, Ms. Sadhna Upadhyaya, is the former Secretary of HCBA (HIGH COURT BAR ASSOCIATION ALLAHABAD), which is a Society registered under Societies Registration Act, 1860 (as amended in the State of U.P.). They are undisputedly members of Allahabad High Court 'BAR'. These 'Advocates'-on their behalf and on behalf of ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //