I NELSON Vs. KALLAYAM PASTORATE
LAWS(SC)-2006-9-25
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on September 14,2006

I.NELSON Appellant
VERSUS
KALLAYAM PASTORATE Respondents





Cited Judgements :-

K.S. SHARFUDEEN VS. UNION OF INDIA [LAWS(MAD)-2014-6-318] [REFERRED TO]
SHASHI KANT DIXIT VS. STATE OF U. P. [LAWS(ALL)-2022-12-68] [REFERRED TO]
LAXMI EDUCATION SOCIETY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-12-143] [REFERRED TO]
SHRI SHAKTI VIDYAPEETH JUNIOR HIGHSCHOOL AND ANR. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2011-1-340] [REFERRED TO]
SOUTH INDIAN ARTISTES ASSOCIATION VS. REGISTRAR OF SOCIETIES, SOUTH CHENNAI [LAWS(MAD)-2020-1-538] [REFERRED TO]
CHURCH OF SOUTH INDIA TRUST ASSOCIATION, CHENNAI VS. UNION OF INDIA [LAWS(MAD)-2021-2-96] [REFERRED TO]
SOUTH INDIAN ARTISTES ASSOCIATION VS. REGISTRAR OF SOCIETIES [LAWS(MAD)-2022-2-13] [REFERRED TO]
ALLHABAD HIGH SCHOOL SOCIETY VS. STATE OF U P [LAWS(ALL)-2011-2-40] [REFERRED TO]
HOSHIAR SINGH MANN VS. CHARAN SINGH [LAWS(DLH)-2009-4-157] [REFERRED TO]
UNION OF INDIA AND ORS. VS. RAVINDER SINGH TEWATIA AND ORS. [LAWS(J&K)-2016-4-17] [REFERRED TO]
COMMITTEE OF MANAGEMENT SHRI SHAKTI VIDYAPEETH JUNIOR HIGH SCHOOL VS. STATE OF U P [LAWS(ALL)-2011-1-12] [REFERRED TO]
JAGMOHAN DALMIYA VS. BOARD OF CONTROL FOR CRICKET [LAWS(CAL)-2007-7-9] [REFERRED TO]
MUHAMMAD THAYYIB S/O MUHAMMED KUTTY RASHEED MANZIL PATHAPRIYAN VS. A P ABDUL KHADER MAULAVI S/O SAINUDEEN [LAWS(KER)-2012-4-72] [RFERRED TO]
A.R. STEPHEN VS. D.J., GORAKHPUR [LAWS(ALL)-2019-2-304] [REFERRED TO]
SHRI ARYA MAHILA VS. BANARAS HINDU UNIVERSITY [LAWS(ALL)-2007-3-294] [REFERRED]
RAJESH SHARMA VS. SUSHIL AHUJA [LAWS(DLH)-2010-5-188] [REFERRED TO]
RAJAN LAO VS. NORTH DELHI MUNICIPAL CORPORATION [LAWS(DLH)-2022-5-228] [REFERRED TO]
P JAMES VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-2-455] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)The Indian Evangelical Lutheran Church ('the Church', for short) has a large congregation consisting of several pastorates in the Church Council. It was registered under the Societies Registration Act, 1860 (for short, 'the 1860 Act'). It runs a large number of schools and hospitals.
(3.)The State of Tamil Nadu enacted 'Tamil Nadu Societies Registration Act, 1975' (for short, 'the 1975 Act'). Section 3 of the 1975 Act specifies the societies which may be registered thereunder, subject to the exceptions contained in Sub-Section (2) thereof. Section 4 provides for compulsory registration of such societies which are specified therein. The Act contemplated registration of such societies within such period as may be prescribed. Section 5 provides for optional registration. Section 36 provides for the power of Registrar to inquire into the affairs of the registered society. Cancellation of registration is envisaged under Section 37 thereof. Section 38 provides for cancellation of registration of society carrying on unlawful activities. The effect of cancellation of registration is laid down in Section 39. Section 40 provides for winding up of registered society. In case a society becomes defunct, its name can be removed from the Register maintained by the Registrar upon following the procedures laid down therein. Orders passed by the Registrar directing cancellation of registration are appealable under Section 45 thereof. Section 53 of the Act raises a legal fiction that every society registered under the Societies Registration Act, 1860, inter alia, shall be deemed to be registered under the Act and the bye- laws of such society shall, in so far as they are not inconsistent with any provision of the Act, continue in force until altered or rescinded. Allegedly, regular elections were not held. Some mis-management had also allegedly taken place.


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