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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

A society member sought relief under Section 23 of the Andhra Pradesh Societies Registration Act, 2001, but the High Court held that disputes under this section could only be filed in the District Court where the society was registered. The Supreme Court reversed this, holding that 'District Court concerned' in Section 23 is not restrictive to one specific location. When a statute confers jurisdiction on an 'established Court' without defining limits and does not expressly exclude general law, the Code of Civil Procedure's jurisdictional provisions (including Section 20, which allows jurisdiction where cause of action arises) apply. The Court distinguished this from Section 13 of the 1860 Act, which expressly confined jurisdiction. The appeal was allowed.

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Civil Procedure Statutory Interpretation Jurisdiction Societies Registration Code of Civil Procedure

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