Society registeration act 1860
sood
(Querist) 12 September 2011
This query is : Resolved
In case a dispute arises within a charitable Society regd.under the Act. amongst the members. Which is the Compentent court to adjudicate. Is it a civil court or the Registrar of Societies. The Society is registered in Chandigarh.
Shailesh Kumar Shah
(Expert) 12 September 2011
The Society Registration Act, 1860 does not contain about Jurisdiction in case of dispute. Now you have two options:
1.Check bye-laws that there is any provision to resolve dispute among members.
2. if answer of 1 is no then, Go to the Civil Court.
Moreover, Registrar of Societies have no jurisdiction to resolve issues of members.
adv. rajeev ( rajoo )
(Expert) 13 September 2011
Civill Courts have no jurisdiction to solve the dispute between members of the society.
sood
(Querist) 13 September 2011
If civil court has no power then who has the power
Advocate Rajkumarlaxman
(Expert) 13 September 2011
IT IS DHARMADAYA, HE IS KNOWN BY THAT NAME IN THE DISTRICT. THIS IS THE PROCEDURE IN MAHARASHTRA. WHAT IS HE KNOWN AS IN OTHER STATES AS TO BE SEEN. BUT HE HAS JURISDICTIONAL POWERS RELTING TO DISPUTES ARISING OUT OF MEMBERS OF SOCIETY REGISTERED UNDER SOCIETY REGISTRATION ACT 1860.
Guest
(Expert) 13 September 2011
Registrar of Societies has to be approached first to settle dispute between the members of the society and the management of the society. If the agrrieved party is not satisfied with the judgment of the ROC, only thereafter the appropriate civil court has to be approached against the judgment of the ROC.
prabhakar singh
(Expert) 13 September 2011
Among 20 sections in the Societies Registration Act1860 it is s6. that lays down provisions of Suits by and against societies.-and reads"Every society registered under this Act may sue or be sued in the name of President, Chairman, or Principal Secretary, or trustees, as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion:
Provided that it shall be competent for any person having a claim, or demand against the society, to sue the President, Chairman, or Principal Secretary or the trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant.
"
BUT this relates to suit by or upon THIRD PARTIES and not between members and /or members and society.Disputes of such Nature
would be resolved by Registrar empowered by state to register societies under this Act.
Rights and duties as well as jurisdictions of a particular Registrar is governed by RULES framed under the Act by the Particular State.
Jitendar Kumar gupta
(Expert) 13 September 2011
Only civil court where the society is registered or working has got the power to adjudicate the matter.
girish shringi
(Expert) 14 September 2011
I am agree with the experts.
Shailesh Kumar Shah
(Expert) 14 September 2011
Girish Sir,
Can you tell me that you are Agree with 'whom'??
3 experts says 'civil court'
3 experts says 'registrar'
M/s. Y-not legal services
(Expert) 13 September 2011
