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Search Results Judgments > Act:SOCIETIES REGISTRATION ACT, 1860 Section 2 Year:2001

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, ...

Sep 04 2001

Sh. S.K. Muttoo and others Vs. State and another

  • Decided on : 04-Sep-2001

Court : Delhi

Reported in : 95(2002)DLT394; 2002(61)DRJ146

... said National Institute of Public Cooperation and Child Development is registered under the Societies Registration Act, XXI of 1860 at Delhi. So, the petitioner who are its employees, cannot be said to be 'public servant' within the meaning of section 21 IPC.7. In short, the case of respondent No.2 complainant in complaint is that two nothings dated 2nd September 1999 and 14th ... made in complaint has become necessary. It is, inter alia, alleged therein that National Institute of Public Cooperation and Child Development (for short 'Institute') is a Society registered under the Societies Registration Act, XXI of 1860 at Delhi. The Institute is run by its Executive Council through its director. Accused No.1/petitioner No.1 served Memorandum No.NI/III/20/90-Pers ... section 195(1)(b)(i) Cr. P.C. which creates legal bar to the filing of complaint for said offences by a private party.3. To appreciate the said submission, reference to the allegations made in complaint has become necessary. It is, inter alia, alleged therein that National Institute of Public Cooperation and Child Development (for short 'Institute') is a Society ... 1 authority, obviously, does not fail in either of the categories enumerated in said ingredient No.2 of section 192. Thus, the provision of section 192 which has been made punishable under section 193, is not attracted in this case. However, submission advanced by respondent No.2 was that petitioner No.1 authority would fall in the category of 'any other case' ...

Dec 05 2001

Cosmopolitan Club, rep. by its Honorary Secretary, Chennai, Vs. The Ta ...

  • Decided on : 05-Dec-2001

Court : Chennai

Reported in : [2002]127STC475(Mad)

... a company under Section 26 of the Indian Companies Act, 1913 in the year 1934; the Young Men's Indian Association which was a society registered under the Societies Registration Act, 1860, and the Lawley Institute in Ooty which had come into existence under a deed of Trust. The Court held that in respect of definition contained in Section 2(n) of the Madras Act (now Tamil Nadu Act) read with ... the Sale of Goods Act, 1930.' 11. The clubs before the Court in that case were the Cosmopolitan Club, which had originally been formed as an unincorporated association, but was later registered as a company under Section 26 of the Indian Companies Act, 1913 in the year 1934; the Young Men's Indian Association which was a society registered under the Societies Registration Act, 1860, and the Lawley ... not one of the countries which had imposed such a tax. 2. In the Madras General Sales Tax, 1939 (Act 9 of 1939) `dealer' was defined in Section 2 as meaning -- `any person who carries on the business of buying or selling goods'. Explanation (1) to the definition read thus : 'A Co-operative society, a club, a firm, or any association which sells goods to ... of the society, club, firm or association. The Court then held -'by providing that a transfer of property in goods from a Corporate body to it's members for a price is a sale, the legislature does not over-step the limits of it's authority, and it cannot on that account be held that the first Explanation to Section 2(n) is ...

Oct 31 2001

Maya Devi Goel Vs. The Uttar Pradesh Housing And

  • Decided on : 31-Oct-2001

Court : Monopolies and Restrictive Trade Practices Commission (MRTPC)

... the meaning of Section 36A(I}(ii) of the Act. It may be mentioned here that according to the definition of 'service' contained in Section 2(r) of the Act, service includes provision of facilities in connection with real estate.10. The respondent Uttar Pradesh Housing and Development Board was intended to provide houses and developed plots to all classes of society at the ... weaker section of the community and for those in the lower income group. These are the stated aims and objects of the respondent as highlighted in the Registration Booklet enclosed with the present complaint petition. In view of our above discussion, the respondent can be said to have been deficient in providing service as defined in Section 2(r) of the Act to ... 'service' contained in Section 2(r) of the Act, service includes provision of facilities in connection with real estate.10. The respondent Uttar Pradesh Housing and Development Board was intended to provide houses and developed plots to all classes of society at the cheapest possible price with emphasis on constructing maximum number of houses for the economically weaker section of the community and ... of Section 36A of the Act. There has been deficiency in services provided by the respondent and to that extent the respondent can be said to have adopted and indulged in unfair trade practices within the meaning of Section 36A(I}(ii) of the Act. It may be mentioned here that according to the definition of 'service' contained in Section 2(r) of the Act, ...

Oct 03 2001

Premier Automobiles Ltd. Vs. PAL VRS Employees Welfare Association and ...

  • Decided on : 03-Oct-2001

Court : Mumbai

Reported in : [2002(92)FLR142]; (2002)ILLJ527Bom

... is an association. 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. 1992.On November 26, 1995, the 1st respondent filed an application under Section 33-C(2) of the said Act, on behalf of 50 ex-employees ... is a Company incorporated, as Public Limited Company under the Companies Act and is engaged in the manufacture and sale of automobiles and ancillaries at its factory located at Kurla, Mumbai. The 1st respondent is an association. registered under the Societies Registration Act, 1860 as well as Bombay Public Trust Act, 1950 comprising of ex-employees of the petitioner-company, who ... Section 33-C(2) of the said Act before the Labour Court. According to him, respondent No. 1 was neither a recognised Trade Union nor a body recognized under the said Act and as such was not entitled to act in the representative capacity. The record shows that respondent No. 1 is titled as the PAL VRS Employees Welfare Association and is registered under the Societies Registration Act ... Trade Union nor a body recognized under the said Act and as such was not entitled to act in the representative capacity. The record shows that respondent No. 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. According to the record, the said Association is ...

Aug 07 2001

Karnataka Gruha Nirmana Sahakara Sangha Limited Vs. Karithimmaiah and ...

  • Decided on : 07-Aug-2001

Court : Karnataka

Reported in : 2002(1)KarLJ469

... Section 3(f) reads as follows: 'The expression 'public purpose' includes:(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860 ... issues necessary orders changing the use of land from non-residential purpose to residential purpose.(2) The proceeding pending under the U.L.C. Act and the Land Reforms Act shall be finalised before issue of notification under Section 6(1) of the Land Acquisition Act. The matter should be perused with the concerned authorities and see that the orders are ... prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860, or under any corresponding law for the time being in force in a State, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State'.3. In this appeal ... Act published on 1-12-1988 on the ground that the requirement of Section 3(f)(vi) of the Act has not been fulfilled. The learned Judge observed that the Counsel appearing for the Government did not produce any record to show that there was a scheme submitted by the appellant-Society and the same was approved by the Government.2. Relevant portion of Section ...

Apr 23 2001

George Educational, Medical & Vs. Assistant Director Of Income ...

  • Decided on : 23-Apr-2001

Court : Income Tax Appellate Tribunal (ITAT) - Cochin

Reported in : (2002)80ITD619(Coch.)

... to help the economically weaker sections by distribution of cloth and providing low-cost houses, to run hostels for the benefits of deserving students, working men and women, etc.There is no dispute that the objects of the assessee-society are charitable within the definition of Section 2(15) of the IT Act. In the printed booklet of the assessee-society filed with us, the ... Travancore-Cochin Literary Scientific and Charitable Societies Act, 1955, on 21st Dec., 1997. It appears that the assessee-society has also been registered under a similar enactment in the State of Tamil Nadu, but we are not concerned with this aspect of the matter in the present appeals. The assessee-society was granted registration under Section 12A of the IT Act by the CIT's order ... that the assessee-society has also been registered under a similar enactment in the State of Tamil Nadu, but we are not concerned with this aspect of the matter in the present appeals. The assessee-society was granted registration under Section 12A of the IT Act by the CIT's order dt. 22nd Sept., 1978. The objects of the assessee-society-included establishing and ... had held that even the Central Board of Revenue understood the term 'income' in the commercial sense in this context as distinguished from 'total income' as defined in Section 2(45) of the Act. Therefore, tax will be levied on the income as arrived at in commercial principles. This means that income will be decided after allowing all legitimate expenses for earning ...

Feb 14 2001

Anand Narain Singh Vs. U.P. Secondary Education Service, Selection Boa ...

  • Decided on : 14-Feb-2001

Court : Allahabad

Reported in : (2001)2UPLBEC959

... societies registered under the Societies Registration Act. They are recognised under Intermediate Education, Act on fulfillment of certain conditions laid down under the Education Manual U.P. One of the conditions is that it should have sufficient endowment for running an institution. This endowment is managed by a committee of management elected amongst the members of the society ... section (2) of Section 16 is very material. In the strict sense the word 'void' means nullity.U.P. Act No. 1 of 1993 substituted Section 16 and deleted Section 18 of the Act by Sections 11 and 13. All sections (except Section 13 that deleted Section 18 of the Act) of the Act No. 1 of 1993 were enforced from 7.8.1993. Section 13 was never enforced. Section ... section (2) of Section 16-G of the Intermediate Education Act, 1921.(2) Any appointment made in contravention of the provisions of Sub-section (1) shall be void.Omission of Section 18.-Section 18 of the Principal Act, shall omitted : Section 16 was again amended and Section 18 was newly added by Sections7 and 9 of the U.P. Act No. 15 of 1995. These are as follows : 7. Amendment Section 16.-In Section ...

Feb 16 2001

Commissioner of Income-tax Vs. Sir Shri Ram Foundation

  • Decided on : 16-Feb-2001

Court : Delhi

Reported in : 2001IIIAD(Delhi)353; (2001)167CTR(Del)349; [2001]250ITR55(Delhi)

... Act or any other provision of Section 13 and thereby allowing its claim for exemption from tax of its dividend income u/s 11 of the Income-tax Act.' 2. Factual position in a nutshell is as follows: assessed is a public charitable trust which was originally registered as a society under the name 'Sri Sri Ram & Sons Charitable Trust Society' under the Societies Registration Act, 1860 ... -tax Act.' 2. Factual position in a nutshell is as follows: assessed is a public charitable trust which was originally registered as a society under the name 'Sri Sri Ram & Sons Charitable Trust Society' under the Societies Registration Act, 1860 on 7-5-1941. Name of the trust was changed to its present name 'Sir Sri Ram Foundation' as per certificate of registration ... Societies Registration Act, 1860 on 7-5-1941. Name of the trust was changed to its present name 'Sir Sri Ram Foundation' as per certificate of registration dated 30-5-1963 granted by the Registrar of Societies. There were seven subscribers to the Memorandum of Association of whom three, namely, Sir Sri Ram, L. Bharat Ram and L. Charat Ram constituted Board of Trustees. On 10-2 ... which was originally registered as a society under the name 'Sri Sri Ram & Sons Charitable Trust Society' under the Societies Registration Act, 1860 on 7-5-1941. Name of the trust was changed to its present name 'Sir Sri Ram Foundation' as per certificate of registration dated 30-5-1963 granted by the Registrar of Societies. There were seven subscribers to the ...

Apr 27 2001

Prakash Narain Sharma Vs. Burmah Shell Cooperative Housing Society Ltd ...

  • Decided on : 27-Apr-2001

Court : Delhi

Reported in : 2001(59)DRJ237

... courts- (1) Save as provided in this Act, no civil or revenue court shall have any jurisdiction in respect of - (a) the registration of a co-operative society or its bye-laws or of an amendment of a bye-law; (b) the removal of a committee; (c) any dispute required under section 60 to be referred to the Registration, and (d) any matter concerning winding ... of the arbitrator filed a petition before the Additional District Judge, Shri R.C. Jain. The first respondent along with the petition moved an application under Order 39 Rule 2 r/w Section 151 CPC seeking stay of the arbitration proceedings. On 4th October, 1989, the Additional District from proceeding with the arbitration. While the first respondent claims that the Arbitrator was ... respect of - (a) the registration of a co-operative society or its bye-laws or of an amendment of a bye-law; (b) the removal of a committee; (c) any dispute required under section 60 to be referred to the Registration, and (d) any matter concerning winding up and the dissolution of a co-operative society. (2) While a co-operative society is being would up, no ... dispute required under section 60 to be referred to the Registration, and (d) any matter concerning winding up and the dissolution of a co-operative society. (2) While a co-operative society is being would up, no suit or other legal proceedings relating to the business of such society shall be proceeded with or instituted against, the liquidator as such or against the society or any member ...

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