LAWS(SC)-2024-1-47

ADV BABASAHEB WASADE Vs. MANOHAR GANGADHAR MUDDESHWAR

Decided On January 23, 2024
Adv Babasaheb Wasade Appellant
V/S
MANOHAR GANGADHAR MUDDESHWAR Respondents

JUDGEMENT

(1.) The present appeal assails the correctness of the judgment and order dtd. 20/7/2017, passed by the Nagpur Bench of the Bombay High Court in First Appeal No. 811 of 2016, whereby the Appeal was dismissed, thereby confirming the order passed by the District Judge-IV, Chandrapur which confirmed the order passed by the Assistant Charity Commissioner, Nagpur rejecting the change report filed by the appellants.

(2.) There is a society by the name of Shikshan Prasarak Mandal, Mul (In short, "Society") registered under the Societies Registration Act, 1860 (In short, Registration Act") as a charitable society since 1946. The Society in its turn framed its rules and regulations. Later on, the Society was registered as a Public Trust under the Bombay Public Trusts Act, 1950 (In short, "Trusts Act"). The rules and regulations of the Society were incorporated as its bye-laws and were duly registered under the Trusts Act.

(3.) As per the rules and regulations, the Society has four types of members i.e. Life members, Employee members, Ordinary members and Donor members. The members of each category were required to pay an annual membership subscription of Rs.11.00 per year to the Society.