CHEN KHOI KUI versus LIANG MIAO SHENG & ORS.

CHEN KHOI KUI versus LIANG MIAO SHENG & ORS.

The Registrar of Societies may exercise an inherent procedural power to review or rescind a registration (drawing on Section 22 of the Bengal General Clauses Act, 1899 and the Division Bench's exposition), but does not possess a statutory substantive power of review to re-decide the merits of a registration application. In the present case the Registrar proceeded beyond procedural review and effectively exercised substantive review without reference to the original application, and therefore the Referee Judge's conclusion that the Registrar exceeded his jurisdiction and the consequential orders (including remand for reconsideration in accordance with the Division Bench's directions and...

Parties
Appellant: Chen Khoi Kui; Respondents: Liang Miao Sheng & Ors.
Jurisdiction
India
Judgment Date
13 September 2023
Procedural Posture
Civil Appeal / Determination by the Supreme Court (appeal Disposed)
Outcome
Appeal dismissed; impugned judgment of the Referee Judge (Calcutta High Court) upheld and matter remanded to the Registrar for reconsideration in accordance with the directions given.
Legal Topics
Power of Registrar to Cancel Society Registration, Procedural Review Versus Substantive Review, Allegations of Forgery and Suppression of Material Facts, Natural Justice in Administrative Decision Making
Administrative Law Civil Procedure Societies Registration Law Power of Registrar to Cancel Society Registration Procedural Review Versus Substantive Review Allegations of Forgery and Suppression of Material Facts Natural Justice in Administrative Decision Making

Case Brief

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Parties

Chen Khoi Kui

Appellant

Liang Miao Sheng & Ors.

Respondents

Procedural Posture

Civil Appeal / Determination by the Supreme Court (appeal Disposed)

Legal Issues

  1. 1 Whether the Registrar of Societies under the West Bengal Societies Registration Act, 1961 has power to cancel a registration granted by him
  2. 2 Whether the Registrar, before cancelling registration, afforded due and reasonable opportunity in consonance with principles of natural justice
  3. 3 Whether the Registrar in the present case exercised only procedural review or impermissible substantive review

Ratio Decidendi

The Registrar of Societies may exercise an inherent procedural power to review or rescind a registration (drawing on Section 22 of the Bengal General Clauses Act, 1899 and the Division Bench's exposition), but does not possess a statutory substantive power of review to re-decide the merits of a registration application. In the present case the Registrar proceeded beyond procedural review and effectively exercised substantive review without reference to the original application, and therefore the Referee Judge's conclusion that the Registrar exceeded his jurisdiction and the consequential orders (including remand for reconsideration in accordance with the Division Bench's directions and...

Court Disposition

Appeal dismissed; impugned judgment of the Referee Judge (Calcutta High Court) upheld and matter remanded to the Registrar for reconsideration in accordance with the directions given.

Orders

  • The parties (objector and appellants) to be heard by the Registrar within four weeks from receipt of a copy of the Referee Judge's judgment (as directed by the Referee Judge).
  • The Registrar shall, immediately after hearing is closed, consider the contentious issues and render a reasoned decision within a further period of one month thereafter, adhering to the Division Bench's order dated 14.01.2016 and the observations of the Referee Judge.