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Judgment Search Results Home  Phrase:societies registration act 1860 section 2  Year:2001

Dec 06 2001

The State of Maharashtra Vs. Indian Medical Association and Ors.

  • Decided on : 06-Dec-2001

Court : Supreme Court of India

Reported in : AIR2002SC302; 2002(1)ALD91(SC); 2002(1)ALLMR(SC)681; 2002(4)BomCR351; (2002)2BOMLR44; JT2001(10)SC294; 2002(4)MhLj450; 2001(8)SCALE399; (2002)1SCC589; 2002(1)SCT1(SC)

... contained in Sub-section (21) of Section 2 of the Act, which runs as under:'Section 2. In this Act, unless the context otherwise requires,-- ... ... ... ...(21) 'Management' means the trustees, or the managing or governing body, by whatever name called, of any trust registered under the Bombay Public Trusts Act, 1950 Bom. XXIX of 1950 or any society registered under the Societies Registration Act, 1860 21 of 1800 ... A bare perusal of Section 2 of the Act shows that it starts with the words 'in this Act, unless the context otherwise requires --'. Let us find out whether in the context of the provisions of Section 64 of the Act the defined meaning of the expression 'management' can be assigned to the word 'management in Section 64 of the Act. In para ... Section 64 of the Act. However after the government run medical college is established, necessarily there has to be management or body of persons to run the affairs of the medical college and for such a situation the expression 'management' as defined in Section 2(21), is contemplated under Section 65 of the Act. In the context of the provisions of Section 65 of the Act ... the provisions of the Act. Sub-section (2) thereof provides that every or medical college desirous of opening medical college shall submit to the Central Government a scheme in accordance with the provisions of the Act and the Central Government shall refer the scheme to the Medical Council for its recommendation. Sub-section (3) of Section 10A further provides that ...

Oct 18 2001

Allauddin Charities and Zakath Wakf Vs. Hameed Ali and Ors.

  • Decided on : 18-Oct-2001

Court : Andhra Pradesh

Reported in : 2002(1)ALD67; 2002(2)ALT534

... -sections (3) and (4) of Section 40 read as follows:(3) Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is Wakf property, the Board may notwithstanding anything contained in such Act, ... Act, 1882 or under the Societies Registration Act, 1860 is wakf property and upon such enquiry if it has satisfied that it is a wakf property, it may call upon the Trust or society either to register such property under the Act as wakf property or show cause why such property should not be so registered. The orders passed by the Board under Sub-section ... society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is Wakf property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is wakf properly, call upon the Trust or society ... Societies Registration Act, 1860 (21 of 1860) or under any other Act, is Wakf property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is wakf properly, call upon the Trust or society, as the case may be, either to register such property under this Act ...

Jan 04 2001

Committee of Management, Adarsh Vidyalaya Samiti Bulandshahr Vs. Presc ...

  • Decided on : 04-Jan-2001

Court : Allahabad

Reported in : 2001(1)AWC687a; (2001)1UPLBEC854

... Deputy Registrar, Firms, Societies and Chits, the respondent No. 2. The respondent No. 2 made a reference to the Prescribed Authority under Section 25(1) of the Societies Registration Act 1860 (in brief the Act). The Prescribed Authority on 18.12.2000 has held that elections of the petitioner and respondent No. 4 were illegal and were contrary to the bye-laws of the society, therefore, he ... the society was granted in favour of the petitioner. The election of the respondent No. 4 was held on 5.3.2000 and the respondent No. 4 made a complaint before the Deputy Registrar, Firms, Societies and Chits, the respondent No. 2. The respondent No. 2 made a reference to the Prescribed Authority under Section 25(1) of the Societies Registration Act 1860 (in brief the Act). ... under Section 25(1) of the Societies Registration Act 1860 (in brief the Act). The Prescribed Authority on 18.12.2000 has held that elections of the petitioner and respondent No. 4 were illegal and were contrary to the bye-laws of the society, therefore, he directed for holding fresh election. It is this order which has been challenged in this petition.2. Sri ... a dispute of civil nature. From the provisions of Section 25(1) and (2), it is clear that the Prescribed Authority decides the dispute in exercise of inherent power of the State vested in him by the State Government. It further held that the Prescribed Authority under Section 25 of the Societies Registration Act, 1860, as applicable in Uttar Pradesh, is a Tribunal ...

Dec 12 2001

All India Skins & Hides Tanners and Merchant Association, Chennai Vs. ...

  • Decided on : 12-Dec-2001

Court : Chennai

Reported in : [2002]127STC491(Mad)

... registration under the Societies Registration Act, 1860 would not apply to the petitioner society. This submission does not fully bring out the true status of the society. The petitioner society was first registered in the year 1971. That registration was under the Societies Registration Act, 1860 and it is deemed to be registered under the State Act only by virtue of sub-section (2) of Section 4 of the State Act ... society. This submission does not fully bring out the true status of the society. The petitioner society was first registered in the year 1971. That registration was under the Societies Registration Act, 1860 and it is deemed to be registered under the State Act only by virtue of sub-section (2) of Section 4 of the State Act. Counsel took us through the various provisions of the State Act ... society. The petitioner society was first registered in the year 1971. That registration was under the Societies Registration Act, 1860 and it is deemed to be registered under the State Act only by virtue of sub-section (2) of Section 4 of the State Act. Counsel took us through the various provisions of the State Act, and submitted that despite the absence of a specific provision in the Act ...

Mar 08 2001

Kiran Industrial Premises Co-op. Society Ltd. Vs. Janata Kamgar Union ...

  • Decided on : 08-Mar-2001

Court : Mumbai

Reported in : 2001(3)ALLMR494; 2001(4)BomCR550; (2001)3BOMLR180; [2001(89)FLR707]; (2001)ILLJ1499Bom; 2001(4)MhLj665

... of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant and also 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 purposes of gain or not) any business, trade ... Act, 1948.' The employees are claiming wages as prescribed for the commercial establishment under the Act and alleged failure to be an unfair labour practice under Item 9 of Schedule IV of the M.R.T.U. & P.U.L.P. Act. The term 'commercial establishment' has been defined under the Bombay Shops and Establishments Act in Section 2 ... Act in Section 2(4) which reads as under :-'Commercial establishment' means an establishment which carried on, any business, trade or profession or any work in connection with, or incidential or ancillary to. any business, trade or profession [and includes establishment of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant and also includes) a society ... Act. 1948 nor the Minimum Wages Act, 1946 are applicable to the co-operative society registered under the M.C.S. Act. 1960. 5. It would be open for the respondents Union and the employees as submitted by Shri Jha, the learned Advocate for the petitioner society, to approach the appropriate authority under Section 91 of the M.C.S. Act ...

Sep 26 2001

Ummul Qura Educational Society and Ors. Vs. Government of Andhra Prade ...

  • Decided on : 26-Sep-2001

Court : Andhra Pradesh

Reported in : 2001(6)ALD250; 2001(5)ALT422

... to minority community will not entitle the institution to be recognised as minority educational institution. (2) The educational agency managing the institution should have been registered under the Societies Registration Act, 1860 or the Andhra Pradesh (Telangana area) Societies Registration Act, 1350 Fasli, as the case may be, as a society/ trust/ committee and the like. It shall not be a single individual's management. ... educational institution' is not defined in Act 5 of 1983. But Section 2(i) of the Act 5 of 1983 declares that all words and expressions used but not defined in this Act shall have the meanings assigned to them in the Andhra Pradesh Education Act, 1982. We have already noticed that according to the Education Act and rules framed there under, the ... the Recognition Authority under the Recognition Rules.62. As observed by this court in Ameeruddin Academic of General Technical, Professional Educational Society v. State of A.P., 1995 (1) A.W.R. 67 section 4 of the Act 5 of 1983 which purports to make a special provision in regard to minority educational institutions does not come into play ... that there is no dichotomy between the 'educational agency' and the management of educational institution as such, since Section 20-A of the Andhra Pradesh Education Act, 1982 prohibits the establishment of educational institutions by individuals. It is the society which establishes the educational institution and once the agency is recognised as a minority one, there is no further ...

Nov 09 2001

Committee of Management, Lal Bahadur Shastri Laghu Madhyamik Vidyalaya ...

  • Decided on : 09-Nov-2001

Court : Allahabad

Reported in : 2002(1)AWC184; (2002)1UPLBEC587

... .Learned counsel appearing for respondent No. 2 who has filed a caveat in this case has relied upon Section 4 of the Societies Registration Act. 1860 'as amended in its application to U.P.' to Justify the decision of the Registrar. Learned counsel appearing for respondent No. 2 relies upon two decisions of this Court in (1998) 2 UPLBEC WOO and (1998) 3 UPLBEC ... Section 4 of the Societies Registration Act. 1860 'as amended in its application to U.P.' to Justify the decision of the Registrar. Learned counsel appearing for respondent No. 2 relies upon two decisions of this Court in (1998) 2 UPLBEC WOO and (1998) 3 UPLBEC 1925.Learned counsel for the petitioners, on the other hand, relies upon the decision of this Court in Khaparaha Educational Society ... respondent No. 2. The order is challenged by the petitioner on the ground that the Registrar had no power todecide the dispute as to which of the committee of management was validly elected committee of management.Learned counsel appearing for respondent No. 2 who has filed a caveat in this case has relied upon Section 4 of the Societies Registration Act. 1860 'as ... is accepted, Section 25(1) would become meaningless. For ready reference Section 4(1) proviso as applicable in U.P. and Section 25 (1) of the Societies Registration Act is reproduced below :'Section 4(1).--Once in every year, on or before the fourteenth day succeeding the day which, according to the rules of the society, the annual general meeting of the society is held, ...

Aug 27 2001

Shanti Sports Club and another Vs. Union of India and others

  • Decided on : 27-Aug-2001

Court : Delhi

Reported in : 2001(60)DRJ16

... Nos. 4777/93 and 3277/2000. Civil Writ Petition No. 4777/93, which is prior in time, was filed by the petitioner, Shanti Sports Club, a society registered under the Societies Registration Act, 1860 through its President, Sh.Satish Khosla and petitioner Sh.Sunil Nagar, Member and Secretary thereof inter alias for quashing the acquisition proceedings in respect of land bearing ... to recreational use. This would call for an amendment of the Master plan in accordance with section 11-A of the Delhi Development Act, 1957 (for short 'the DD Act'). Under sub-sections (1) of section 11-a of the DD Act, the DDA and under sub-section (2) thereof the Central Government can make modifications in the Master Plan or the Zonal Development ... society in respect of the sports complex in question situated on the aforesaid land. (d) award costs in favor of the petitioner and against the respondents; 2. The land mentioned in the prayer clause of the writ petition was notified under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') on 23rd January 1965. Thereafter on 26th December, 1968, a declaration under Section ... section 23 of the Act. This view was followed by the Supreme Court in The Secretary, Jaipur Development Authority, Jaipur v. Daulat Mal Jain etc : (1997)1SCC35 . Again in Jaipur Development Authority v. Mahavir Housing Coop. Society, Jaipur and others : (1996)11SCC229 , it was held that the purchaser who buys the land after issuance of a notification under section 4 of the Act ...

May 31 2001

Indrapuri Grah Nirman Sahakari Samiti Ltd. Vs. State of Rajasthan and ...

  • Decided on : 31-May-2001

Court : Rajasthan

Reported in : 2002(3)WLN122

... Act, Under Section 3-E of the Act which is as under:(e) the expression 'Company' means a company registered under the Indian Companies Act, 1882, or under the (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament (of the United Kingdom) or by an Indian Law or by Royal Charter or Letters Patent (and includes a society registered under the Societies Registration Act, 1860 (21 of 1860 ... Act, 1882, or under the (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament (of the United Kingdom) or by an Indian Law or by Royal Charter or Letters Patent (and includes a society registered under the Societies Registration Act, 1860 (21 of 1860), and a registered society within the meaning or the Co-operative Societies Act, 1912 (2 of 1912), (or any other law relating to co- operative societies ... Act which is as under:(e) the expression 'Company' means a company registered under the Indian Companies Act, 1882, or under the (English) Companies Acts, 1862 to 1890, or incorporated by an Act of Parliament (of the United Kingdom) or by an Indian Law or by Royal Charter or Letters Patent (and includes a society registered under the Societies Registration Act, 1860 (21 of 1860), and a registered society ...

Dec 06 2001

Watch Tower Bible & Tract Society of India, Lonavala Vs. Union of Indi ...

  • Decided on : 06-Dec-2001

Court : Mumbai

Reported in : AIR2002Bom83; 2002(4)BomCR313; 2002(1)MhLj804

... 2. The appellant is the legal entity used by the Jehovah's witnesses in India since 1978. The appellant is duly registered under Societies Registration Act, 1860 as well as under Bombay Public Trust Act, 1950. The appellant -Society, considering the provision of Section 6 of the Act got itself duly registered with the authorities under the Act. 3. The appellant society ... society is likely to affect prejudicially harmony between the religious groups. BACKGROUND FACTS 2. The appellant is the legal entity used by the Jehovah's witnesses in India since 1978. The appellant is duly registered under Societies Registration Act, 1860 as well as under Bombay Public Trust Act, 1950. The appellant -Society, considering the provision of Section 6 of the Act got itself duly registered with the authorities under the Act ... Societies Registration Act, 1860 as well as under Bombay Public Trust Act, 1950. The appellant -Society, considering the provision of Section 6 of the Act got itself duly registered with the authorities under the Act. 3. The appellant society on 17-6-2000 was served with the show cause notice dated 6th June 2000 issued by the 2nd respondent alleging there in breach of the provisions of the Act by the society ...

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