LAWS(ALL)-1987-3-85

MUZAFFAR HUSAIN Vs. ASSISTANT REGISTRAR

Decided On March 13, 1987
MUZAFFAR HUSAIN Appellant
V/S
ASSISTANT REGISTRAR, FIRMS, SOCIETIES AND CHITS Respondents

JUDGEMENT

(1.) MADARSA-Mazahir-Uloom, Saharanpur, (hereinafter referred to as the MADARSA) is an ancient institution founded in the year 1966. The Head of the Institution is known as the Nazim. The governing body is the Majlise-Shura. There are various properties under waqfs dedicated to the Almighty and attached to the MADARSA. The Nazim is also the Mutawalli under the waqfs which are registered with the U. P. Sunni Central Board of Waqfs.

(2.) ON 29th March, 1985, the respondent nos. 2 to 8 applied under Section 3 of the Societies Registration Act, 1860 (Act 21 of 1860) (as amended) (hereinafter referred to as the Act) for registration of the society designated as the Madarsa-Mazahir-Uloom, Saharanpur. The Memorandum and the Article of Association submitted are Annexures 3 and 4 to the writ petition respectively. The objects of the Society specified in the Memorandum, as transliterated into English, with the aid of counsel for the parties are :-

(3.) THE contentions raised by Sri Sudhir Chandra, counsel for the petitioners, are :