Case Details Chen Khoi Kui vs Liang Miao Sheng & Ors.

Court

Supreme Court of India

Date

13 September 2023

Case No.

Civil Appeal No.5849-50 of 2023

Result

Disposed

Bench

Aniruddha Bose, Sudhanshu Dhulia

Citation

[2023] 12 S.C.R. 307 : 2023 INSC 827

Issue for consideration

Whether the Registrar of Society, empowered to grant registration under West Bengal Societies Registration Act 1961, also has the power to cancel such registration.

Headnote

West Bengal Societies Registration Act 1961 – Power to review or cancel registration of the society by the registrar who earlier granted the registration:

Held: Registrar of the Society can cancel registration granted to the Society by exercising power of procedural review which is inherent within the authority who passed the order – There is no substantive power of review provided in the Act – On facts, in pursuance of an earlier Division Bench judgment of the High Court which held that even though there is no substantive power of review provided in the Act, the power of procedural review is inherent within the authority who passes the order, the Registrar allowed the application seeking cancellation of the registration granted earlier of a High School as a society, alleging forgery and fabrication of signatures – In appeal, the Referee Judge rightly held that the vital difference between a power of substantive review and a power of procedural review, was not present in the mind of the Registrar; and that the Registrar proceeded to exercise a power of substantive review, which was not available to him in terms of such order and that too without reference to the application for registration that succeeded – Said order does not calls for interference. [Paras 6, 7, 9, 12 and 15]

LIST OF CITATIONS AND OTHER REFERENCES

Grindlays Bank Ltd. v. Central Government Industrial Tribunal and Others (1980) (Supp) SCC 420:[1981] SCR 341; Kapra Mazdoor Ekta Union v. Birla Cotton Spinning and Weaving Mills Ltd. and Another (2005)

13 SCC 777:[2005] 2 SCR 888; Rina Mukherjee and Another v. New India Assurance Co. Ltd. and Another (2008) ACJ 1248 – referred to. OTHER CASE DETAILS INCLUDING IMPUGNED

ORDER AND APPEARANCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT ANIRUDDHA BOSE, J. Delay condoned. 2. Leave granted. 3. The main question which arises for adjudication in this appeal is as to whether the Registrar of Society, empowered to grant registration under West Bengal Societies Registration Act 1961, also has the power to cancel such registration. There is no specific provision in the statute granting such authority the power to review or cancel his own decision. The root of the dispute lies in what appears to be a conflict between two groups of the chinese tannery owners in Kolkata over the contro

View Subscription Plans →