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Supreme Court of India 2017-08-16 allowed

Terapalli Dyvasahata Kumar vs S.M. Kantha Raju (dead) thr. Lrs. & Anr

Bench: 2 — R.F. Nariman

In Brief

The Supreme Court clarified the jurisdiction of District Courts under Section 23 of the Andhra Pradesh Societies Registration Act, 2001 for resolving disputes between society members or the committee. The High Court had ruled that only the District Court where the society was registered could hear such disputes. The Court reversed this, holding that when a statute references an established court without defining or limiting its jurisdiction, general procedural law applies. Therefore, any District Court within whose jurisdiction the cause of action arises may entertain a Section 23 petition, not just the principal court of registration. The judgment distinguished the 2001 Act's broader jurisdiction language from the more restrictive 1860 Act provision.

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Societies Registration Judicial Jurisdiction Procedural Law Civil Procedure Statutory Interpretation

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