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Supreme Court of India 2023-09-13 disposed

CHEN KHOI KUI vs LIANG MIAO SHENG & ORS

Bench: 2 — Aniruddha Bose, Sudhanshu Dhulia

In Brief

A dispute arose over control of Pei May Chinese High School in Kolkata, originally operated under the Chinese Tannery Owners' Association (registered 1967). The respondents obtained separate registration for the school in 2010. The Registrar cancelled this registration, claiming suppression of material facts and fraudulent signatures. The Supreme Court held that the Registrar lacks statutory power to exercise substantive review for cancellation; only procedural review is available. The Registrar must observe principles of natural justice and reference the original application. However, if the respondents cannot demonstrate permission to occupy land owned by the Association, this may be considered grounds for cancellation, subject to final determination by the civil court.

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