Court : Andhra Pradesh
Decided on : Apr-24-2009
Reported in : 2009(6)ALT345
..... his designate for constituting the arbitral tribunal for securing resolution of their disputes.9. at this stage, it will be appropriate to notice that the state legislature enacted andhra pradesh societies registration act, 2001 henceforth referred to as act 35 of 2001 repealing the societies registration act, 1860, in its application to the andhra area of the state of andhra pradesh and the andhra pradesh (telangana area) public ..... societies registration act, 1350 fasli. sub-section (2) of section 32 of act 35 of 2001 act has introduced a fiction by deeming that anything done or any action taken under the aforementioned acts which are repealed ..... disputes that have cropped up between the parties. the 6th applicant is a society, which is registered under the provisions of the andhra pradesh societies registration act. it is asserted that the 1st applicant was the secretary-cum-correspondent of the said society. as per bye-law no. 5 of the 6th respondent society, the executive body shall consist of nine members and as per bye .....Tag this Judgment!
Court : Chennai
Decided on : Jul-06-2009
Reported in : (2010)ILLJ88Mad
..... the 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 the ..... that it is not an organisation of the central government.therefore, from the aforesaid pleading, it is clear that csir or leather research institute, adyar is a society registered under the societies registration act, and not an organisation of the central government nor a wing of the central government nor working at the instance of the central government to perform any ..... 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 charitable or other trust whether registered under any law applicable to such charitable or other trust or not ..... , 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 an establishment of the central government, as presumed by the learned judge.4. in fact, no reasoning has been given by the .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-15-2009
Reported in : 2009(5)BomCR189; 2010(1)MhLj232
..... in force relating to registration of public trusts or a local authority, theapplication for membership is accompanied by ..... of nominal, associate orsympathiser member, by an officer of the society authorised in that behalf by the committee. (iii) he has fulfilled all other conditions laid down in the act, the rules and the by-laws; (iv) in case of a firm, company or body corporate, society registered under the societies registration act, 1860, a public trust registered under any law for the time being ..... as to whether a disputant is or is not a member cannot be entertained by the cooperative court by virtue of the provisions contained in section 23 of the cooperative societies act. the jurisdiction exclusively lies with the registrar. in the circumstances, the petitioner ought to have first got determined the status as a member. 13. shri khapre, learned counsel ..... to take a different view. 15. the dispute before the cooperative court is held to be barred by limitation. section 92 of the maharashtra cooperative societies act makes it clear that article 54 of the limitation act would apply to this proceeding. there are two starting points of limitation under article 54. first, the time begins to run from the date .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-28-2009
Reported in : 2009(4)ALT54
..... refusal/revocation of licence, suspension and cancellation of licence etc. rule 5 prescribes eligibility for establishment of institution. the criteria are - (a) the institution shall be registered under societies registration act, 1860; (b) shall furnish social status, activity and reputation of members of managing committee; (c) shall provide suitable accommodation facilities and sanitary conditions; (d) accommodation shall have ..... institution.12. rule 6 of institution rules contains eligibility for carrying out adoptions under hindu adoptions and maintenance act, 1956 and guardians and wards act, 1890. these conditions are that such agencies shall be registered under the societies registration act, 1860 and shall give an undertaking as follows. (a) they shall adhere to any guidelines or rules laid ..... down by the state government or central government for in-country and inter-country adoption from time to time; (b) all registered agencies must function as per the societies registration act and the rules; ( ..... licence under institutions rules and cor under orphanage rules. only such institutions, who satisfy eligibility criteria as contained in rule 6 of institution rules can seek registration as per section 2.4 read with section 3.1 of cara guidelines as recognized indian agencies for inter-country adoption (ripa). even for being a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-09-2009
Reported in : AIR2009SC1905; 2009(2)ALT50(SC); 2009(3)KLJ353; 2009(2)AWC1154(SC); 2009BusLR173(SC); JT2009(2)SC447; 2009(3)KarLJ353; 2009(2)SCALE337; (2009)3SCC240; 2009(2)LC697(SC); 2009AIRSCW1502; 2009(2)LHSC1269; 2009(2)KCCRSN59
..... to section 2(1)(m), 'person' includes:(i) a firm whether registered or not;(ii) a hindu undivided family;(iii) a co-operative society;(iv) every other association of persons whether registered under the societies registration act, 1860 (21 of 1860) or not.10. section 2(1)(o) defines 'service' thus:service' means service of any description which is made available to potential users ..... which enumerates four categories namely, (i) a firm whether registered or not; (ii) a hindu undivided family; (iii) a co-operative society; and (iv) every other association of persons whether registered under the societies registration act, 1860 (21 of 1860) or not while defining `person' cannot be held to be restrictive and confined to these four categories as it is not said in terms ..... that `person' shall mean one or other of the things which are enumerated, but that it shall `include' them.16. the general clauses act, 1897 in section 3 ..... as the complainant was engaged in commercial activity and electricity being goods; sale of goods to a commercial consumer for a commercial purpose was outside the scope of the act, 1986.3. as there were several complaints wherein identical objection pertaining to the maintainability of such complaints was involved, all these complaints were taken up and disposed of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-07-2009
Reported in : 108(2009)CLT842(SC); 162(2009)DLT50(SC); JT2009(11)SC383; 2009(II)OLR(SC)665; 2009(11)SCALE77; (2009)10SCC1
..... society running the school were one and the same entity. therefore, according to the action ..... the transfer of funds from the school to the society was concerned, the action committee submitted that under the 1973 act, the school was not a specific juristic entity separate from the society; that under rule 50, one of the conditions of recognition is that the school must be run by a society registered under the societies registration act, 1860 and that the managing committee of the school ..... is subject to the control and supervision of the trust or society running the school and, therefore, the school and the .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-21-2009
Reported in : 2009(111)BomLR3764
..... learned asg has confirmed this. afmc (pune) is not covered by section 2(d)(v) because it is not an educational institution set up by the central government under the societies registration act, 1860. 11. before we turn to section 2(d)(iii) and (iv), it is necessary to refer to the judgment of the supreme court in maharaja sir pateshwari prasad singh's ..... in clause (i) or clause (ii), or a constituent unit of an institution referred to in clause (iii); (v) an educational institution set up by the central governmentunder the societies registration act, 1860 (21 of1860). 10. in our opinion, afmc (pune) does not fall in any of the sub-clauses of section 2(d) of the said ..... which mr. hegde has placed reliance is concerned, it is stated in the affidavit that though by the said letter hrd ministry has communicated that reservations prescribed under the said act are applicable to all central educational institutions, established, maintained or aided by the central government, training institutions like the national defence academy, indian navalship shivaji, indian military academy, officers ..... sc/st and obc of citizens, to certain central educational institutions established, maintained or aided by the central government and for matters connected therewith or incidental thereto. thus, this act aims at providing reservation inter alia, to obc citizens to certain central educational institutions established, maintained or aided by the central government. for an institution to be covered by the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-28-2009
Reported in : AIR2009Bom163
..... (21 of 1860).7. a trust is thus established for religious and charitable purpose. it is created upon dedication of certain property by ..... certain persons for certain purpose, such as religious or charitable. the question as to whether the public trust is or is not governed by the right to information act has to be ..... act as follows--'public trust' means an express or constructive trust for either religious or charitable purpose or both and includes a temple, a math, [church, synagogue, agiary or other place of public religious worship] [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 ..... contention. be that as it may.6. we have therefore now to consider the question if a public trust registered under the public trusts act and societies act is governed by the right to information act. a public trust to my mind cannot certainly be said to be falling within meaning of article 12 of the constitution of india. .....Tag this Judgment!
Court : Delhi
Decided on : Apr-23-2009
Reported in : 162(2009)DLT208
..... under article 2, of the rules & regulations of the said trust, the trust is to always comply with the provisions of the societies registration act, 1860; that in the meeting of the trust held on 27th march, 2007 it was resolved to amend the rules & regulations of the ..... purpose thereof clearly was for removal of the governing body. even otherwise it has been held in catena of judgments that in relation to meetings of clubs, societies & trusts, there is no requirement of agenda or of agenda to be specific.28. in my opinion, in the aforesaid circumstances leave apart the ingredient of ..... have evolved a policy for non interference with the internal affairs and management of such trusts/societies for the reason that they are to be governed by their charter/rules & regulations and by the rule of majority, acting in terms of said charter.22. from the narration of facts above it is evident that ..... referred to a) sarbjit singh v. all india fine arts & crafts society to contend that it is not open to a society to do any act contrary to its memorandum and articles of association; b) dr raj vardhan azad v. all india ophthalmological society : 103(2003)dlt518 where prima facie view was taken of a ..... resolution passed in general body meeting of society; c) sanjay jain v. bar council .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-05-2009
Reported in : 2009(3)AWC2652(SC); JT2009(13)SC62; 2009AIRSCW3862; 2009(3)LHSC1619;
s.b. sinha, j.1. indian council of agricultural research (icar) is a society registered under societies registration act, 1860. it is an apex agricultural scientific research organisation. it has a network of research institutes/ national bureau, national research centres and project directorates. it has 47 research institutes, 5 national .....Tag this Judgment!