Supreme Court of India
Vinodkumar M. Malavia Etc. v. Maganlal Mangaldas Gameti & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the society and the Trust being creatures of statute, have to resort to the modes provided by the statute for its amalgamation and the so-called merger cannot be treated or can give effect F to the dissolution of the Trust.
Judgment, page 33
From the 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 o 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
Authorities it was built on
- 1954 Ratilal Panachand Gandhi v. The State of Bombay and Others
- 2003 R.v.f Venkatachala Gounder v. Arulmigu Viswesaraswami and V.P. Temple and Anr.
- 1968 Dhulabhai and Others v. The State of Madhya Pradesh and Another
- 2005 Church of North of India v. Lavajibhai Ratanjibhai and Ors.
- 2006 Vinod Kumar Mathurseva Malvia and Anr. v. Maganlal Mangaldas Gameti and Ors.
Where later benches applied it
Of those, 1 referred to
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