Supreme Court of India
Hyderabad Karnataka Education Society v. Registrar of Societies and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In the result, these appeals are allowed. The interim order passed earlier in these proceedings shall stand vacated. The impugned judgment of the Division Bench of the High Court is set aside. The writ petitions filed by the respondent-writ petitioners in the High Court will stand dismissed subject to the reading down of impugned Rule 7(A) and its predecessor Rule 7. In the facts and circumstances of the case, there will be no order as to costs.
Judgment, 185 (concluding paragraph)
From the headnote
Karnataka Societies Registration Act, 1960-Section 2b,-Rule 7 amended as 7 A-Provision for automatic cessation of ordinary membership on failure to pay yearly subscription within 3 months-Held, not violative of the Act-Not harsh or arbitrary-Further Held, Rule runs parallel to Section 2 (b) which provides for resignation of members. Section 6(2)-Rule 7 A-Held does not violate the provision of right of voting by valid members-Karnataka Societies Registration Act, 1960-Rule 7 A erstwhile Rule 7-Framed under Karnataka Societies Registration Rules- Providing for automatic cessation without notice to members on failure to pay subscription provision read down-Defaulter can apply to society to show that he was prevented from doing so due to unavoidable reasons -An application in this regard, held, has to be moved within the end of the year concerned.
Authorities it was built on
- T.P. Daver v. Lodge Victoria No. 363, S.C. Belgaum
- The Co-operative Central Bank Ltd. and Others v. The Additional Industrial Tribunal, Andhra Pradesh and Ors
- 1976 Kulchhinder Singh & Ors. v. Hardayal Singh Brar & Ors.
- 1987 Tekraj Vasandi Alias K.L. Basandhi v. Union of India & Others
- Sri Konaseema Co-operative Central Bank Ltd. Amalapuram and another v. N. Seetharama Raju
Where later benches applied it
- 2024 Adv Babasaheb Wasade & Ors v. Manohar Gangadhar Muddeshwar & Ors
- 2020 Rakesh Kumar Agarwalla & Anr. v. National Law School of India University, Bengaluru & Ors.
Of those, 1 distinguished · 1 referred to
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