SREE JAIN SETAMBAR TERAPANTHI VID (S) versus PHUNDAN SINGH AND ORS.

SREE JAIN SETAMBAR TERAPANTHI VID (S) versus PHUNDAN SINGH AND ORS.

The High Court could not set aside the trial court's order granting temporary injunction without discussing the material on record and recording a contrary finding; also, appointing joint administrators in place of the Managing Committee was neither legal nor proper in the absence of legal proceedings to that effect.

Parties
Appellant: Sree Jain Setambar Terapanthi Vid (S); Respondent No. 1: Phundan Singh; Respondent No. 2: Respondent No. 2; Respondent No. 4: Respondent No. 4; Respondent No. 5: Respondent No. 5; Respondent No. 6: Respondent No. 6
Jurisdiction
India
Judgment Date
09 February 1999
Procedural Posture
Civil Appeal / Appeal Against Division Bench Order of Calcutta High Court
Outcome
Appeal allowed; order of High Court set aside; matter remitted to High Court for fresh disposal.
Legal Topics
Temporary Injunction, Societies Registration, Appellate Interference, Management of Societies
Civil Procedure Temporary Injunction Societies Registration Appellate Interference Management of Societies

Case Brief

Summary, issues, holding and outcome

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Parties

Sree Jain Setambar Terapanthi Vid (S)

Appellant

Phundan Singh

Respondent No. 1

Respondent No. 2

Respondent No. 2

Respondent No. 4

Respondent No. 4

Respondent No. 5

Respondent No. 5

Respondent No. 6

Respondent No. 6

Procedural Posture

Civil Appeal / Appeal Against Division Bench Order of Calcutta High Court

Legal Issues

  1. 1 Whether the High Court was justified in setting aside the trial court's order granting temporary injunction and appointing joint administrators to manage the society and its schools.
  2. 2 Whether the High Court could oust the existing Managing Committee without discussing the trial court's findings and the material on record.

Ratio Decidendi

The High Court could not set aside the trial court's order granting temporary injunction without discussing the material on record and recording a contrary finding; also, appointing joint administrators in place of the Managing Committee was neither legal nor proper in the absence of legal proceedings to that effect.

Court Disposition

Appeal allowed; order of High Court set aside; matter remitted to High Court for fresh disposal.

Orders

  • Order of High Court appointing joint administrators set aside.
  • Case remitted to Calcutta High Court for disposal of the appeal afresh in accordance with law.