Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1975 - s. 53 - Tamil Evangelical Lutheran Church (TELC) Tamil Nadu Societies Registration Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tamil Nadu Societies Registration Act, 1975 - s. 53 - Tamil Evangelical Lutheran Church (TELC) - Whether a Society registered under the Act in view of s. 53 - Held: TELC is not a Society governed by the provisions of the Act - Act is not applicable to TELC at all - Thus, the issue of exemption from the provisions of the Act did not arise - Section 53 declares that every Society registered under the 1860 Act shall be deemed to be registered under the 1975 Act - Such construction is not called for in view of the scheme of the Act and more particularly scheme of s. 4 - s. 4(3) expressly excludes the operation of s. 4(1) and 4(2) thereby relieving both the classes of Societies-the Societies formed after coming into the existence of the 1975 Act and the Societies which were in existence but not registered under any law prior to the commencement of the 1975 Act covered by Section 4(1) and 4(2) which have for their object the promotion of religion - Such an interpretation which would be in violation of Art. 14 is required to be avoided - There can neither be any reasonable basis for such classification nor any purpose to be achieved by such classification - Neither of the parties nor the administration or the judiciary (Bar & Bench) had the time nor inclination to examine the scheme of the 1975 Act, which resulted in wastage of time of the judiciary as well as the administration - Societies Registration Act, 1860. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2014 INSC 603 |
Petitioner | H.a. Martin & Others |
Respondent | Moses Thambi Pillai & Others |
SCR | [2014] 9 S.C.R. 530 |
Judgement Date | 2014-09-04 |
Case Number | 8458 |
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