Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Societies Registration Act 1961 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | West Bengal Societies Registration Act, 1961 (26 of 1961) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Issue for consideration: Whether the Registrar of Society, empowered to grant registration under West Bengal Societies Registration Act 1961, also has the power to cancel such registration.West Bengal Societies Registration Act 1961 – Power to review or cancel registration of the society by the registrar who earlier granted the registration:Held: Registrar of the Society can cancel registration granted to the Society by exercising power of procedural review which is inherent within the authority who passed the order – There is no substantive power of review provided in the Act – On facts, in pursuance of an earlier Division Bench judgment of the High Court which held that even though there is no substantive power of review provided in the Act, the power of procedural review is inherent within the authority who passes the order, the Registrar allowed the application seeking cancellation of the registration granted earlier of a High School as a society, alleging forgery and fabrication of signatures – In appeal, the Referee Judge rightly held that the vital diff erence between a power of substantive review and a power of procedural review, was not present in the mind of the Registrar; and that the Registrar proceeded to exercise a power of substantive review, which was not available to him in terms of such order and that too without reference to the application for registration that succeeded – Said order does not calls for interference. [Paras 6, 7, 9, 12 and 15] |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2023 INSC 827 |
Petitioner | Chen Khoi Kui |
Respondent | Liang Miao Sheng & Ors. |
SCR | [2023] 12 S.C.R. 307 |
Judgement Date | 2023-09-13 |
Case Number | 5849-5850 |
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