Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Domestic Tribunal-Masonic Lodge |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Domestic Tribunal-Masonic Lodge-Source of power to expel members-Contract by which they become members-Rules must be strictly observed-Must act honestly and in good faith-should not exceed its jurisdiction-Jurisdiction of Civil Courts.There is a Scotish Masonic institution known as Grand Lodge of Scotland. Under this institution there are District Grand Lodges. Under its superintendence there are Daughter Lodges. These institutions are governed by their own constitutions and laws. Under those laws a member against whom disciplinary action has been taken by a Daughter Lodge can appeal to the District Grand Lodge and there is a right of second appeal to the Grand Lodge of Scotland. The appellant was a member of one of the Daughter Lodges at Belgaum known as Lodge Victoria. The second respondent made a complaint against the appellant alleging that he has committed 12 masonic offences. A notice was issued to the appellant by the Secretary of the Victoria lodge alleging the commission of these offences and requiring him to reply within 14 days. The appellant submitted his answer in extenso to the various charges. A special meeting of the Lodge was held at which each charge was read, members gave their comments and each charge was put to vote and it was unanimously decided that the appellant was guilty of each charge. By a resolution the appellant was expelled subject to the confirmation of the District Grand Lodge. The decision was communicated to the appellant who therefore filed an appeal to the District Lodge which body after giving him adjournment to appear in person dismissed the appeal atthe next meeting at which the appellant absented himself. A further appeal was filed to the Grand Lodge which was also dismissed. Thereafter the appellant filed a suit before the Civil Judge, Belgaum for a declaration that the resolution of the Lodge Victoria expelling him was void and that he still continued to be a member of that Lodge. The Civil Judge dismissed the suit. Thereupon an appeal was filed before the High Court of Mysore. The High Court dismissed the appeal. The present appeal is by way of a certificate granted by the High Court.The appellant contended that the Lodge Victoria had no jurisdiction to try Masonic offences since such offences were within the jurisdiction of the District Grand Lodge, Bombay. . Secondly, it was contended that the disciplinary proceedings prescribed by law 198 which governs such proceedings were not strictly complied with. It was further contended that the fourteen days to which he was entitled after he filed his answer were not granted to hint. Lastly, it was argued that the decision to expel him was wrong on merits. Held, that the source of the power of associations, clubs and Lodges to expel their members is the contract on the basis of which they become members. Bonsor v. Musicians Union, [1956] A. C. 104, followed.A member of a Masonic Lodge is bound to abide by the rules of the Lodge; and if the rules provide for expulsion, he shall be expelled only in the manner provided by the rules. Maclean v. The Worker's Union [1929] 1 Ch. 602 and Ezra v. Mahendra Nath Banerji, l .L.R. [1946] 2Cal.88, approved. The Lodge is bound to act strictly according to the rules; whether a particular rule is mandato1y or directory falls to be decided in each case, having regard to the well settled rules of construction in that ·regard. The jurisdiction of the Civil Court is rather limited; it cannot ohviously sit as a court of appeal from the decision of such a body, it can set aside the order of such a body if the said body acts without jurisdiction or does not act in good faith or acts in violation of natural justice.Maclean v. The Workers Union, [1929] 1 Ch. 623 and L.A.P.O Beilly v. C. C. Gettens, A.I.R. (1949) P. C. 313, referred to. The rules governing tribunals cannot mutatis mulandis be applied to such bodies as Lodges. One has to see broadly the circumstances of each case whether the principles of natural justice has been applied. In the circumstances of this case, particularly when it is found that the appellant bad not raised any objection, it cannot be said that the resolution passed by the Lodge Victoria is bad for violating any principles of natural justice. Maclean v. The Workers Union, [1929] I Ch. 602, referred to.Law 198 expressly confers jurisdiction ,on a Daughter Lodge to try a member if he commits an offence, the jurisdiction conferred on it cannot be excluded by Law 128 which is a general law. The word 'offence' in the context of Law 198 can only n·1ean the infringement of laws of the Daughter Lodge. In the present case the rules relating to the disciplinary proceedings have been strictly complied with regard to the contention that the additional fourteen days, to which he is entitled to file his case, were not granted to him it is held that there was no prejudice caused to him by this failure and since he never made a complaint of it before any of the two appellate bodies, he has waived the rerquirement of the rule. From the facts and circumstances of the case, particularly when it is found that the appellant did not raise any objection, it cannnot he said that the resolution passed by the Lodge Victoria is bad for violating natural justice. Since Civil Courts have no jurisdiction to decide on the merits of a decision given by a domestic tribunal and since both courts below have found concurrently that the Daughter Lodge has decided in good faith and since no exceptional circumstance has been shown, this Court will not examine the merits of the decision. |
Judge | Honble Mr. Justice K. Subba Rao |
Neutral Citation | 1962 INSC 378 |
Petitioner | T. P. Daver |
Respondent | Lodge Victoria No. 363, S. C. Belgaum |
SCR | [1964] 1 S.C.R. 1 |
Judgement Date | 1962-12-12 |
Case Number | 414 |
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