Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Public Trusts Societies Registration Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Societies Registration Act, 1860 - ss. 5 and 13 - Bombay Public Trusts Act, 1950 - ss. 18, 36, 50A and 72 - Purported unification of six churches including the First District Church of the Brethren (FDCB) into a single entity, the Church of North India (CNI) - Claim of appellants that unification of FDCB with CNI resulted in dissolution of FDCB making CNI its legal successor and controller of its properties - Held: Not tenable - The unification had no legal foundation whatsoever - FDCB was a religious society registered under the Societies Registration Act and its property vested with a Trust regulated by the BPTA - Procedure for dissolution of FDCB did not conform to requirements set out in s. 13 of the Societies Registration Act and the procedure as laid down in the BPT Act - In addition, there were evident lapses in the formation of CNI - Since FDCB trust never stood dissolved, the properties of the same did not vest with CNI - Merely by filing Change Reportls, CNI cannot claim a merger of churches and thereby claim that the properties vested in the Trust would vest in them - There was no tlissolution of the society and further merger was not carried out in accordance with the provisions of law. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2013 INSC 662 |
Petitioner | Vinodkumar M. Malavia Etc. |
Respondent | Maganlal Mangaldas Gameti & Ors. |
SCR | [2013] 14 S.C.R. 396 |
Judgement Date | 2013-09-30 |
Case Number | 8800-8801 |
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