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september 2023

Supreme Court of India · 2023-09-13

Chen Khoi Kui vs Liang Miao Sheng

Court
Supreme Court of India
Petitioner
Chen Khoi Kui
Respondent
Liang Miao Sheng
Author
Aniruddha Bose
Bench
Sudhanshu Dhulia, Aniruddha Bose

Judgment text excerpt

The Supreme Court examined whether the Registrar of Society, empowered under the West Bengal Registration Act 1961, possesses the authority to cancel a registration, given the absence of explicit statutory provisions for such review or cancellation. The dispute involved conflicting claims over the control of a school established by Chinese tannery owners in Kolkata. The Court emphasized the importance of clear statutory powers for cancellation and held that, in the absence of such provisions, the Registrar's authority to cancel registration is not implied. The judgment clarified the limits of administrative powers under the Act and upheld the principle of statutory interpretation.

Chen Khoi Kui vs Liang Miao Sheng · Niyam