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India Case Law

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Civil procedure

OPERATION ASHA versus SHELLY BATRA & ORS.

The Supreme Court dismissed the appeal and upheld the High Court’s grant of leave under Section 92 CPC: the appellant society is of a public charitable nature; Section 5 SR Act does not preclude a constructive trust being found where funds entrusted for public purposes are allegedly siphoned or misapplied; the governing body holds society property in a fiduciary capacity and allegations of diversion/siphoning by office-bearers prima facie justify invoking the doctrine of constructive trust and leave under Section 92 for reliefs such as accounts, removal and settling a scheme; purely private r…

Source excerpt

  • Section 92 cpc
  • Constructive trust
  • Vested property under section 5 societies registration act, 1860
  • Leave to institute representative suit
  • Public charitable institutions
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Administrative law

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 orde…

Source excerpt

  • 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
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Consumer protection

ALPHA G184 OWNERS ASSOCIATION versus MAGNUM INTERNATIONAL TRADING COMPANY PVT. LTD.

Where multiple consumers/allottees file a joint complaint seeking relief for themselves (and not in a representative capacity on behalf of numerous other consumers), Order I Rule 8 CPC is not attracted; Section 2(b)(i) and Section 12(1)(a) of the Consumer Protection Act, 1986 cover multiple consumers who join a complaint, and the National Commission erred in adjourning the matters sine die on the ground of issues relating to the appellant association's registration/byelaws; the impugned orders were set aside and the National Commission directed to proceed to hear the matters on merits expedit…

Source excerpt

  • Representative complaints
  • Procedure on admission of complaint
  • Interpretation of consumer protection act (1986 and 2019)
  • Pecuniary jurisdiction
  • Registration and byelaws of societies
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.