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2018 (1) TMI 1546 - HC - Indian LawsJurisdiction - petitioner claims that the Registrar has no power to declare any amendments to its Rules and Regulations as void or nonest - whether the Registrar had the power to adjudicate the disputes raised by the petitioner? - HELD THAT:- It is apparent from the plain reading of the sections 12, 12A, 12B and 12C of the Act read with section 3 of the Act that the Registrar does not have any power to adjudicate any issues with regard to the amendment of any purpose or object of the society. However, in terms of Section 12A of the Act, the Registrar has the power to review registration of the change in name of a society if in its opinion the same resembles or is identical to the name of any existing society. Plainly, the Act as applicable to Delhi does not include any provision which entitles the Registrar to cancel a registration once the same has been granted - there is also no provision which empowers the Registrar to examine and adjudicate any dispute with regard to any alleged irregularity in the procedure adopted by the society to amend its Rules and Regulations. This Court is not inclined to examine the question whether the certificate for registration of the amendments in the Rules and Regulations was obtained from the Registrar by playing a fraud and thus could be revoked. This is so because no such reason has been referred to by the Registrar for passing the impugned order; the impugned order has not been passed on the basis that any fraud had been perpetuated on the Registrar - It is apparent that in this case the Registrar has not proceeded on the basis that it had been defrauded into granting approval/certificate. On the contrary, the Registrar has proceeded on the basis that "there were certain irregularities in approving/certifying the amendments". Undisputedly, the same cannot be construed as a finding of fraud. The respondent no 3 has already instituted a suit challenging the amendments made to the petitioner‟s Rules and Regulations and the issues raised before the Registrar can be examined in those proceedings - petition allowed.
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