MAHARASHTRA CHESS ASSOCIATION Vs. UNION OF INDIA
LAWS(SC)-2019-7-123
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
July 29,2019
Maharashtra Chess Association
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
STATE OF UTTAR PRADESH V MOHAMMAD NOOH [REFERRED TO]SANGRAN SINGH VS. ELECTION TRIBUNI KOTAH [REFERRED TO]
A V VENKATESWARAN COLLECTOR OF CUSTOMS BOMBAY VS. RAMCHAND SOBHRAJ WADHWANI [REFERRED TO]
STATE OF UTTAR PRADESH VS. INDIAN HUME PIPE COMPANY LIMITED [REFERRED TO]
A B C LAMINART PRIVATE LIMITED VS. A P AGENCIES SALEM [REFERRED TO]
ALIGARH MUSLIM UNIVERSITY VS. VINAY ENGINEERING ENTERPRISES PRIVATE LIMITED [REFERRED TO]
U P STATE SPINNING CO LTD VS. R S PANDEY [REFERRED TO]
U P STATE SUGAR CORPN LTD VS. KAMAL SWAROOP TONDON [REFERRED TO]
Cited Judgements :-
NAVODAYA VIDYALAYA SAMITI VS. SALMA SULTANA [LAWS(GAU)-2024-6-10] [REFERRED TO]BRAHMAPUTRA TELEVISION NETWORK VS. UNION OF INDIA [LAWS(GAU)-2024-6-118] [REFERRED TO]
COROMANDEL ROLLER FLOUR MILLS VS. ANDHRA PRADESH STATE CIVIL SUPPLIES CORPORATION [LAWS(APH)-2023-4-28] [REFERRED TO]
PARWEZ AKHTAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2024-3-56] [REFERRED TO]
RAIGARH PATHALGAON EXPRESSWAY LIMITED VS. CHHATTISGARH ROAD DEVELOPMENT CORPORATION LIMITED [LAWS(CHH)-2024-3-14] [REFERRED TO]
KUCHIBHOTLA SRIVATSA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-7-30] [REFERRED TO]
BADUGU PANDURANGA RAO VS. LEGAL SERVICES AUTHORITY [LAWS(APH)-2022-3-57] [REFERRED TO]
NBCC (INDIA) LIMITED VS. DAKSHIN HARYANA BIJLI VITRAN NIGAM [LAWS(DLH)-2023-9-76] [REFERRED TO]
REFINERY EMPLOYEES UNION VS. UNION OF INDIA [LAWS(KER)-2022-5-211] [REFERRED TO]
VETRIVEL MINERALS VS. ASSISTANT COMMISSIONER OF INCOME TAX [LAWS(MAD)-2021-8-32] [REFERRED TO]
SAURAV KUMAR SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2021-6-34] [REFERRED TO]
PATLIPUTRA ENTERTAINMENT PRIVATE LIMITED VS. BIHAR STATE TOURISM DEVELOPMENT CORPORATION LTD [LAWS(PAT)-2022-12-54] [REFERRED TO]
K.KALAVATHI VS. UNION OF INDIA [LAWS(MAD)-2021-10-113] [REFERRED TO]
BIPIN KUMAR SINGH VS. STATE BANK OF INDIA [LAWS(PAT)-2021-12-34] [REFERRED TO]
MONTECARLO LTD. IRON TRIANGLE (JOINT VENTURE) THROUGH ITS AUTHORIZED OFFICER VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-9-15] [REFERRED TO]
MANGALAGIRI TEXTILE MILLS PVT LTD VS. STATE BANK OF INDIA [LAWS(APH)-2022-2-15] [REFERRED TO]
GULAB DUGAR VS. STATE OF ASSAM [LAWS(GAU)-2022-3-123] [REFERRED TO]
WEST BENGAL PHARMACY COUNCIL VS. RUSHA PODDER [LAWS(CAL)-2023-5-200] [REFERRED TO]
SUNLIGHT HOUSING DEVELOPMENT PVT. LTD VS. DIRECTORATE OF ENFORCEMENT [LAWS(BOM)-2021-8-186] [REFERRED TO]
ASHUTOSH KUMAR SINGH VS. UNION OF INDIA [LAWS(ALL)-2021-7-204] [REFERRED TO]
CENTER FOR DEVELOPMENT COMMUNICATION TRUST VS. RANCHI MUNICIPAL CORPORATION [LAWS(JHAR)-2023-1-59] [REFERRED TO]
UNION TERRITORY OF LADAKH VS. JAMMU AND KASHMIR NATIONAL CONFERENCE [LAWS(SC)-2023-9-23] [REFERRED TO]
JYOTI JOSHI VS. STATE OF BIHAR [LAWS(PAT)-2022-2-3] [REFERRED TO]
MRT SIGNALS LIMITED VS. UNION OF INDIA [LAWS(CAL)-2024-5-98] [REFERRED TO]
JIGESHWAR PRASAD DESHMUKH VS. DEV SINGH [LAWS(CHH)-2020-8-92] [REFERRED TO]
P.D.R SOLUTIONS FZC VS. DISPUTE RESOLUTION PANEL- 2 [LAWS(DLH)-2019-9-382] [REFERRED TO]
WEST BENGAL PHARMACY COUNCIL VS. RUSHA PODDER [LAWS(CAL)-2024-3-36] [REFERRED TO]
MONSUR AHMED VS. STATE OF ASSAM [LAWS(GAU)-2022-11-44] [REFERRED TO]
CONTROLLING CO-OPERATIVE CENTRAL BANK LTD VS. ASSISTANT COMMISSINER OF LABOUR [LAWS(APH)-2022-9-70] [REFERRED TO]
DIMENSION STEEL AND ALLOYS LIMITED VS. DAMODAR VALLEY CORPORATION [LAWS(CAL)-2022-5-7] [REFERRED TO]
MANOHAR PATEL.R VS. UNION OF INDIA [LAWS(KAR)-2022-7-352] [REFERRED TO]
RUSHA PODDER VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-2-183] [REFERRED TO]
SUDHIR MANSUKHLAL MEHTA VS. CHARITY COMMISSIONER [LAWS(GJH)-2022-9-1711] [REFERRED TO]
SUPERTECH URBAN HOME BUYERS ASSOCIATION (SUHA) FOUNDATION VS. UNION OF INDIA [LAWS(DLH)-2023-3-79] [REFERRED TO]
M.SUBRAMANYAM REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-10-74] [REFERRED TO]
YASH CONSTRUCTION COMPANY VS. SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORT & H) [LAWS(BOM)-2022-12-194] [REFERRED TO]
BHANUDAS @ SURYABHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-11-57] [REFERRED TO]
SUPERINTENDENT OF POLICE VS. A.SREE HARI [LAWS(APH)-2025-1-78] [REFERRED TO]
BARODA UP BANK ERSTWHITE PURVANCHAL BANK VS. CHIEF LABOUR COMMISSIONER [LAWS(ALL)-2021-3-151] [REFERRED TO]
JUDGEMENT
Dhananjaya Y Chandrachud, J. -
(1.)The present appeal raises the issue of whether a private agreement entered into between the Appellant and the second Respondent in the form of the Constitution and Bye Laws of the latter can, by conferring exclusive jurisdiction on the courts at Chennai, oust the writ jurisdiction of the Bombay High Court under Article 226 of the Constitution.
(2.)Clause 21 of the Constitution and Bye Laws of the second Respondent is as follows:
"21. Legal Course
(i) The Federation shall sue and or be sued only in the name of the Hon. Secretary of the Federation.
(ii) Any Suits/Legal actions against the Federation shall be instituted only in the Courts at Chennai, where the Registered Office of All India Chess Federation is situated or at the place where the Secretariat of the All India Chess Federation is functioning"
(3.)The second Respondent, the All India Chess Federation is a society registered under the Societies Registration Act 1860, ("The Act of 1860") . It is a central governing authority for chess in India. The Appellant is a society registered under the Act of 1860 and was an affiliated member of the second Respondent since 1978. On 25 December 2016, the Central Council of the second Respondent passed a resolution to disaffiliate the Appellant. After the institution of the writ proceedings, the third Respondent has been affiliated by the second Respondent in place of the Appellant.
(2.)Clause 21 of the Constitution and Bye Laws of the second Respondent is as follows:
"21. Legal Course
(i) The Federation shall sue and or be sued only in the name of the Hon. Secretary of the Federation.
(ii) Any Suits/Legal actions against the Federation shall be instituted only in the Courts at Chennai, where the Registered Office of All India Chess Federation is situated or at the place where the Secretariat of the All India Chess Federation is functioning"
(3.)The second Respondent, the All India Chess Federation is a society registered under the Societies Registration Act 1860, ("The Act of 1860") . It is a central governing authority for chess in India. The Appellant is a society registered under the Act of 1860 and was an affiliated member of the second Respondent since 1978. On 25 December 2016, the Central Council of the second Respondent passed a resolution to disaffiliate the Appellant. After the institution of the writ proceedings, the third Respondent has been affiliated by the second Respondent in place of the Appellant.
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