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Search Results Judgments > Act:Societies Registration Act, 1860 Year:2009 Page:2

Jun 29 2009

K.P. Devaiah and Anr. Vs. State of Karnataka and Ors.

  • Decided on : 29-Jun-2009

Court : Karnataka

Reported in : 2009(5)KarLJ660

... societies has not been transferred to any other registered society in terms of Section 22 and 23 of the Karnataka Societies Registration Act and further held that the transfer of assets and the institutions to the trust is not in accordance with Sections 22 and 23 of the Karnataka Societies Registration Act and bye-law 17 of the bye-laws of the society ... society under the name and style of Mathikere Cambridge Education Society and registered the same with the Registrar of Societies under the Karnataka Societies Registration Act, 1960 on 16-8-1979. The said society was running a school under the name and style of Cambridge English School at Mathikere. On 20-9-1990 all the members of the society passed an unanimous resolution resolving to dissolve the said society ... Societies under the Karnataka Societies Registration Act, 1960 on 16-8-1979. The said society was running a school under the name and style of Cambridge English School at Mathikere. On 20-9-1990 all the members of the society passed an unanimous resolution resolving to dissolve the said society and in the very meeting it was resolved that the assets and liabilities of the society ...

Apr 15 2009

M.P. State Co-op. Dairy Fedn. Ltd. and Anr. Vs. Rajnesh Kumar Jamindar ...

  • Decided on : 15-Apr-2009

Court : Supreme Court of India

Reported in : [2009(121)FLR917]; JT2009(6)SC263; 2009(6)SCALE17; 2009(5)LC2161(SC)

... ascertaining as to whether any of them fulfils the requirements of law therefor or not. 80. The concept that all public sector undertakings incorporated under the Companies Act or the Societies Registration Act or any other Act for answering the description of State must be financed by the Central Government and be under its deep and pervasive control has in the past three decades undergone ... reinstatement of the concerned respondents with only 20% back wages.4. Federation is a society registered and incorporated under the provisions of the Madhya Pradesh Cooperative Societies Act, 1960 (for short 'the Act'). It is an apex society classified as a Central Society. It is registered under Section 9 of the Act. The Government of Madhya Pradesh through its Veterinary Department had been carrying out in certain ... were transferred to the Federation as part of shareholdings of the State Government.6. Federation is a federal society within the meaning of Section 2(k) of the Act. It is also an apex society within the meaning of Section 2(a-1) of the Act. It has its own bye-laws. Bye-law No. 3 provides for betterment of the economic conditions of ... Indian Institute of Chemical Biology : [2002]3SCR100 , the tests laid down therein only were required to be considered, holding: .The Federation was registered as a Co- operative Society under the M.P. Co-operative Societies Act, 1960 on or about 13-5-1980. Bye- law 3.1 of the Bye-laws of the Federation states that the main object of the Federation ...

Oct 16 2009

Infoparks Vs. Deputy Commissioner of Income Tax

  • Decided on : 16-Oct-2009

Court : Kerala

Reported in : (2009)227CTR(Ker)486; [2010]186TAXMAN328(Ker)

... Literary, Scientific and Charitable Societies Registration Act (XII of 1955) describing the eligibility of the societies to get the benefit, the petitioners admittedly since are registered under the Kerala Act, they are liable to be reckoned automatically under the IT Act as well, particularly when extended definition is given under the Kerala Act unlike the IT Act. Referring to the ... Act ('Act' in short) to the petitioners, in view of the amendment brought about by incorporating a 'proviso' to Section 2(15) of the Act w.e.f. 1st April, 2009 is justified; forms the common issue involved in both these cases.2. The petitioners are State Government owned societies registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act (Act ... Societies Registration Act (Act XII of 1955), allegedly with the main object of setting up of Information Technology Parks in Kerala, among other goals. Pursuant to the said objective, the petitioners acquired lands and constructed buildings which have been let out to various information technology companies for rent. Petitioners' institutions were got registered as a charitable trust under Section 12A of the Act ... the 'memorandum of association' of the petitioner as specified in para 3, it is contended that, in order to perform the object of society as enumerated in para 3.1, the society may carry out the functions as stated in para 3.2.1. The nature of functions enumerated includes planning, establishing and managing ...

Jun 18 2009

Cosmo Towers Owners' Association rep. by its Secretary M. Prasada Rao ...

  • Decided on : 18-Jun-2009

Court : Chennai

Reported in : (2009)5MLJ491

... apartment owner. 21. Chapter IV of the Act deals with the society or association of apartment owners, its bye-laws and functions. 22. Section 12 of the Act mandates the formation of an association or society which shall be registered either under the Tamil Nadu Co-operative Societies Act, 1983 or under the Tamil Nadu Societies Registration Act, 1975 with an object to maintain all ... , now called as M/s.Cosmo Foundations Limited, represented by its Director, the third respondent herein. The Association is having 30 members registered under the Tamil Nadu Societies Registration Act, 1975 with Registration No. 102 of 2002. According to the petitioner, the third respondent made illegal constructions and some of the flats are retained by him for commercial purpose, though ... society or the Association of Apartment Owners or, in a proper case by the aggrieved apartment owner. 21. Chapter IV of the Act deals with the society or association of apartment owners, its bye-laws and functions. 22. Section 12 of the Act mandates the formation of an association or society which shall be registered either under the Tamil Nadu Co-operative Societies Act ... society or the Association of Apartment owners, as the case may be, in accordance with the provisions of this Act or the bye-laws shall be deemed to be binding on all apartment owners.26. Section 25 of the Act further states that the Act is to override other laws, which reads as follows:25. Act to override other laws.- (1) The provisions of this Act ...

Dec 10 2009

Shyamabai Wd/o Surajkaran Joshi and Ors. Vs. Madan Mohan Mandir Sansth ...

  • Decided on : 10-Dec-2009

Court : Mumbai

Reported in : 2010(1)BomCR294

... trust and not the society registered under the Societies Registration Act, 1860 and, therefore, question of application of Section 6 of the Societies Registration Act, 1860 does not arise. A Society registered under the Societies Registration Act, 1860 is governed by the provisions of Societies Registration Act, 1860 for all practical purposes. Society formed either for religious or charitable purposes or for both and registered under the Societies Registration Act, 1860 which is included in ... Societies Registration Act, 1860 and, therefore, question of application of Section 6 of the Societies Registration Act, 1860 does not arise. A Society registered under the Societies Registration Act, 1860 is governed by the provisions of Societies Registration Act, 1860 for all practical purposes. Society formed either for religious or charitable purposes or for both and registered under the Societies Registration Act, 1860 which is included in the definition of public trust under Section 2(13) of the Bombay Public Trusts Act ... Societies Registration Act, 1860 is governed by the provisions of Societies Registration Act, 1860 for all practical purposes. Society formed either for religious or charitable purposes or for both and registered under the Societies Registration Act, 1860 which is included in the definition of public trust under Section 2(13) of the Bombay Public Trusts Act, 1950 will come within the ambit of term public trust only after it has received a certificate of registration ...

Dec 04 2009

Ajit Shankarrao Deshmukh and Ors. Vs. Joint Charity Commissioner and O ...

  • Decided on : 04-Dec-2009

Court : Mumbai

Reported in : 2010(1)BomCR706

... mutawatti of such wakf;(c) in the case of a society registered under the Societies Registration Act, 1860, its governing body, (whether or not the property of the society is vested in a trustee);The conjoint reading of the provisions indicate that in Maharashtra governing body of a society duly registered under the Societies Registration Act, 1860 (XXI of 1860) is included within the term 'manager'The definition of ... on 13.10.1936, Ideal Education Society, was registered as society under the Societies Registration Act, 1860. It came to be registered as 'Public Trust' with effect from 20.1.1963. On or about 27-11-1989, the Joint Charity Commissioner, Nagpur by suo motu Proceeding No. 12/1981 initiated under Section 41-D of the Act of 1950 removed the existing trustees ... the Act of 1950'), the appellants challenge the order dated 19.3.2009 passed in Application No. 20 of 2008 by the learned Joint Charity Commissioner, Nagpur, whereby an application under Section 47(1) of the Act of 1950 for appointment of trustees so as to manage the administration of the Ideal Education Society, Umred Dist. Nagpur {bearing Public Trust Registration ... Act, 1950 (hereinafter referred to as 'the Act of 1950'), the appellants challenge the order dated 19.3.2009 passed in Application No. 20 of 2008 by the learned Joint Charity Commissioner, Nagpur, whereby an application under Section 47(1) of the Act of 1950 for appointment of trustees so as to manage the administration of the Ideal Education Society, ...

Apr 09 2009

Margadarshini Educational Society, rep. by its Secretary, Mr. Ravi Ana ...

  • Decided on : 09-Apr-2009

Court : Andhra Pradesh

Reported in : 2009(4)ALT727

... registered Society under the A.P. Societies Registration Act, 2001 (for brevity 'the Act'). The aims and objects of the society is to provide good education and basic knowledge in the vicinity of Ramachandrapur. The society was incorporated and registered by seven members including the President, Vice- President etc., and as the members of the society could not administer the society ... Society was registered under the Societies Registration Act, 2001 bearing registration No. 69 of 2002 with the aims and objects viz., to maintain unity among the society, to solve the social ground problems, to give good education and basic knowledge, to organize the cultural activities and to conduct the social activities. It is also not in dispute that in the first instance, the society ... society is hit by Section 23 of the Act and whether the civil court is competent to go into the question and record finding as to a dispute falling within the jurisdiction of the court specified in the Special Act viz., A.P. Societies Registration Act, 2001?9. Learned Counsel appearing for the appellant-plaintiff contended that the defendants were expelled from the society ... Special Act viz., A.P. Societies Registration Act, 2001?9. Learned Counsel appearing for the appellant-plaintiff contended that the defendants were expelled from the society in June, 2003 and by a resolution, dated 14-04-2003, the 2nd defendant was removed from the post of Secretary and Ravi Anantha was elected as Secretary of the society, that ...

Mar 06 2009

State of U.P. and Anr. Vs. Radhey Shyam Rai

  • Decided on : 06-Mar-2009

Court : Supreme Court of India

Reported in : 2009(2)AWC1771(SC); [2009(121)FLR736]; JT2009(3)SC393; 2009(3)SCALE754; (2009)5SCC577

... as to whether any of them fulfils the requirements of law therefor or not.80. The concept that all public sector undertakings incorporated under the Companies Act or the Societies Registration Act or any other Act for answering the description of State must be financed by the Central Government and be under its deep and pervasive control has in the past three ... , J.1. Leave granted.2. The short question which arises for consideration herein is as to whether the Uttar Pradesh Ganna Kishan Sansthan (for short 'the Sansthan'), a society registered under the Societies Registration Act is a `State' within the meaning of Article 12 of the Constitution of India.3. Indisputably, before constituting the Sansthan, its functions, viz., imparting of knowledge ... .12. Keeping in view the aforementioned principles, we may consider the fact of the present matter.For the purpose of determining the question as to whether a society registered under the Societies Registration Act would be a `State' within the meaning of Article 12 of the Constitution of India or not, the history of its constitution plays an important role. [ ... was as under:70. Broadly, there are three different concepts which exist for determining the questions which fall within the expression 'other authorities':(i) The corporations and the societies created by the State for carrying on its trading activities in terms of Article 298 of the Constitution wherefor the capital, infrastructure, initial investment and financial aid, etc. ...

Jan 16 2009

Anil Nanda and Anr. Vs. Escorts Ltd. and Ors.

  • Decided on : 16-Jan-2009

Court : Delhi

Reported in : 156(2009)DLT697

... 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 ... 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 ... society and thereafter creation of a new company and transfer of all the assets which were meant for Charitable purposes, for personal gains of Defendants No. 1 to 5, except the interpretation of provisions of Societies Registration Act and Companies Act and the plea that no illegality and violation of any enactment has been committed. The interpretation of provisions of Society Registration Act and Companies Act ... 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, ...

Jul 06 2009

The Tamil Nadu Labour Welfare Board rep. by its Secretary Vs. Council ...

  • Decided on : 06-Jul-2009

Court : Chennai

Reported in : (2010)ILLJ88Mad

... case of the respondent, it is desirable to notice the relevant fact as was pleaded in the writ petition.6. According to the respondent, CSIR is a Society registered under the Societies Registration Act, 1860. It is functioning under the aegis of the Department of Scientific and Research Institute, Government of India. The other respondent Leather Research Institute, Adyar, is of ... Section 85 of the Factories Act, 1948 and being a factory as defined in Clause (m) of Section 2 of the Factories Act, 1948, is an establishment within the meaning of Clause (d) of Section 2 of the Tamil Nadu Labour Welfare Fund Act, 1972 (Act 36 of 1972). Further, CSIR, a Society registered under the Societies Registration Act cannot be presumed to be ... 1) of the Tamil Nadu Catering Establishments Act, 1958 (Tamil Nadu Act XIII of 1958) which employs, or on any working day during the preceding twelve months employed, five or more than five persons;(v) an establishment, including a society registered or deemed to be registered under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) and a ... Act LXIX of 1951);(iv) a catering establishment as defined in Section 2(1) of the Tamil Nadu Catering Establishments Act, 1958 (Tamil Nadu Act XIII of 1958) which employs, or on any working day during the preceding twelve months employed, five or more than five persons;(v) an establishment, including a society registered or deemed to be registered under the Tamil Nadu Societies Registration Act ...

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