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1 - 10 of 22 (0.24 seconds)The Societies Registration Act, 1860
Shyam Sel And Power Limited vs Shyam Steel Industries Limited on 14 March, 2022
As regards, the judgments rendered by the Hon'ble Apex
Court in the case of Shyam Sel & Power Ltd. & Anr. (supra) and
the one rendered in the case of Shah Babulal Khimji (supra),
referred to by the learned senior counsel for the respondents no. 5
and 6, this Court finds that the same are also distinguishable in
the facts and circumstances of the present case.
Shah Babulal Khimji vs Jayaben D. Kania And Anr on 10 August, 1981
As regards, the judgments rendered by the Hon'ble Apex
Court in the case of Shyam Sel & Power Ltd. & Anr. (supra) and
the one rendered in the case of Shah Babulal Khimji (supra),
referred to by the learned senior counsel for the respondents no. 5
and 6, this Court finds that the same are also distinguishable in
the facts and circumstances of the present case.
Section 7 in The Societies Registration Act, 1860 [Entire Act]
Section 19 in The Contempt Of Courts Act, 1971 [Entire Act]
Nelson Motis vs Union Of India And Another on 2 September, 1992
23. It is equally a well settled law that in case the appellate
Court has been constituted in words of the widest amplitude and
the legislature has not limited its jurisdiction, as is the case
herein, all orders passed by the Inspector General, Registration
under the Rules, 2018 shall definitely be appealable before the
Member, Board of Revenue. Reference, in this connection has
rightly been made by the learned senior counsel for the petitioner
to the judgments rendered by the Hon'ble Apex Court in the cases
of Ebrahim Aboobakar & Anr. (supra), Shiur Sakhar Karkhana
Patna High Court CWJC No.14697 of 2023 dt.07-04-2025
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(Pvt.) Ltd. (supra) and the one rendered in the case of Nelson
Motis (supra).
Shiv Shakti Coop. Housing Society, ... vs M/S. Swaraj Developers & Ors on 17 April, 2003
Reference in this connection has been made to
Patna High Court CWJC No.14697 of 2023 dt.07-04-2025
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the judgments reported in (1992)4 SCC 711 (Nelson Motis v.
Union of India & Anr.), (2003)6 SCC 659 (Shiv Shakti Coop.
Housing Society vs. Swaraj Developers & Ors.) and the one
reported in (2005)2 SCC 271 (Nathi Devi vs. Radha Devi
Gupta).
Nathi Devi vs Radha Devi Gupta on 17 December, 2004
Reference in this connection has been made to
Patna High Court CWJC No.14697 of 2023 dt.07-04-2025
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the judgments reported in (1992)4 SCC 711 (Nelson Motis v.
Union of India & Anr.), (2003)6 SCC 659 (Shiv Shakti Coop.
Housing Society vs. Swaraj Developers & Ors.) and the one
reported in (2005)2 SCC 271 (Nathi Devi vs. Radha Devi
Gupta).
State Of Maharashtra vs Mahboob S. Allibhoy & Anr on 10 April, 1996
As regards, the
judgment relied upon by the learned counsel for the State,
rendered by the Hon'ble Apex Court in the case of Mahboob S.
Allibhoy and Another (supra), this Court finds that reliance upon
the said judgment is misplaced inasmuch as in the said case, what
the Hon'ble Apex Court was considering was Section 19 of the
Contempt of Courts Act, 1971, which itself postulates that an
appeal shall lie as of right from any order or decision of the High
Court in exercise of its jurisdiction to punish for contempt,
meaning thereby that in case the High Court passes an order in
exercise of its jurisdiction to punish any person for contempt of
Court, then only an appeal shall be maintainable under sub-
section(1) of Section 19 of the Contempt of Courts Act, 1971.
However, this is not the situation in the present case inasmuch as
under Rule 22 (ii) of the Rules, 2022, there is no rider/fetter and
the jurisdiction of the appellate Court has neither been limited nor
does it specify the nature/type of orders which are appealable
Patna High Court CWJC No.14697 of 2023 dt.07-04-2025
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whereas Rule 22(ii) of the Rules, 2018 postulates that appeal can
be filed against all orders passed by the Inspector General,
Registration, under the Rules, 2018.