Case Note & Summary
The petitioner, Janardan Moon, filed a writ petition challenging the order dated 4 October 2017 passed by the Assistant Registrar of Societies, Nagpur, rejecting his application (No.615 of 2017) for registration of a charitable society under the name 'Rashtriya Swayansevak Sangh'. The application was opposed by respondent nos.3 to 6, who claimed that a society under the same name was already registered at Chandrapur vide Registration No.MH08/D0018394 since 1925, and they were members of that society. The objectors contended that Section 3A of the Societies Registration Act, 1860 bars registration of a society with a name identical to an existing registered society. The Assistant Registrar accepted the objection and rejected the application. The petitioner challenged this order in the High Court. The Court, after hearing the parties, dismissed the petition, holding that the Assistant Registrar's order was correct and in accordance with Section 3A of the Act. The Court noted that the petitioner did not dispute the existence of the already registered society. The petition was dismissed with no order as to costs.
Headnote
A) Societies Registration Act - Registration of Society - Bar on Identical Name - Section 3A of the Societies Registration Act, 1860 - The petitioner sought registration of a society under the name 'Rashtriya Swayansevak Sangh'. The Assistant Registrar rejected the application as a society with the same name was already registered at Chandrapur. The Court upheld the rejection, holding that Section 3A prohibits registration of a society with a name identical to an existing registered society. (Paras 1-3)
Issue of Consideration
Whether the Assistant Registrar of Societies was justified in rejecting the application for registration of a society under the name 'Rashtriya Swayansevak Sangh' on the ground that a society with the same name was already registered.
Final Decision
The writ petition is dismissed. The order dated 4-10-2017 passed by the Assistant Registrar of Societies, Nagpur, is upheld. No order as to costs.
Law Points
- Section 3A of the Societies Registration Act
- 1860 prohibits registration of a society with a name identical to an existing registered society
- Societies Registration Act
- 1860
- Section 3A
- bar on identical name
- registration of society
Case Details
2019 LawText (BOM) (01) 136
Writ Petition No.6700 of 2017
R.K. Deshpande, Vinay Joshi
A.R. Ingole for Petitioner, Anand Deshpande (AGP) for Respondent Nos.1 and 2, Sunil Manohar (Senior Advocate) assisted by S.D. Abhyankar for Respondent Nos.4 and 5
Janardan s/o Gulabrao Moon
The State of Maharashtra, The Assistant Registrar of Societies, Adv.(Dr.) Rajendra s/o Chintaman Gundalwar, Deepak s/o Vasantrao Barad, Prashant s/o Kamlakar Bopardikar, Mohnish s/o Jivanlal Jabalpure (Yadav)
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Nature of Litigation
Writ petition challenging the order of Assistant Registrar of Societies rejecting application for registration of a society.
Remedy Sought
Petitioner sought quashing of the order dated 4-10-2017 and direction to register the society under the name 'Rashtriya Swayansevak Sangh'.
Filing Reason
The Assistant Registrar rejected the application on the ground that a society with the same name was already registered.
Previous Decisions
Assistant Registrar of Societies, Nagpur, rejected Application No.615 of 2017 on 4-10-2017.
Issues
Whether the Assistant Registrar was correct in rejecting the application for registration of a society under the name 'Rashtriya Swayansevak Sangh' due to existence of a society with the same name.
Submissions/Arguments
Petitioner argued that the rejection was erroneous.
Respondents argued that Section 3A of the Societies Registration Act, 1860 bars registration of a society with a name identical to an existing registered society.
Ratio Decidendi
Section 3A of the Societies Registration Act, 1860 prohibits the registration of a society with a name which is identical with the name of any other society already registered under the Act. The Assistant Registrar correctly applied this provision in rejecting the application.
Judgment Excerpts
The challenge in this petition is to the order dated 4-10-2017 passed by the Assistant Registrar of Societies, Nagpur, rejecting Application No.615 of 2017 for grant of permission to register a charitable society under the name and style of 'Rashtriya Swayansevak Sangh'.
Procedural History
The petitioner filed Application No.615 of 2017 before the Assistant Registrar of Societies, Nagpur, for registration of a society. The application was opposed by respondent nos.3 to 6. The Assistant Registrar rejected the application on 4-10-2017. The petitioner then filed the present writ petition in the High Court.
Acts & Sections
- Societies Registration Act, 1860: Section 3A
