Section 9(1)
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Dissolution of Executive Committee— Locus stand! of founder Member in a
suit—
Bangladesh Association for Voluntary Sterilization (BAVS) has its
constitution and Bye laws under which its National Executive Committee is
empowered to protect the interests of the organisation in suits. A founder
member of the Association when not authorised by the National Executive
Committee to do so has no locus standi to bring suit against the
dissolution of the Executive Committee.
Deluar Hossain (Md). Vs. Joint Secretary Ministry of Health and Family
Welfare and others. 4, MLR (1999) (AD) 350.
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Deluar Hossain (Md). Vs. Joint Secretary Ministry of Health and Family Welfare and others. |
4 MLR (AD) 350 |
Section 9(1)
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Whether the petitioner claiming himself to be a founder Member has locus
standi to agitate the matter of dissolving the Executive Committee of the
impugned Association.
If the Executive Committee of the organisation was wrongfully dissolved, it
was for the Executive Committee to prosecute the matter in a court of law
but if the Executive Committee does not do so an ordinary founding member
must be so authorised under the constitution and bye-laws of the said
organisation to take up the crusade on behalf of the Executive Committee.
[Para-2]
Md. Delwar Hossain Vs. Bangladesh & Ors. 7 BLT (AD)-105.
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Md. Delwar Hossain Vs. Bangladesh & Ors. |
7 BLT (AD) 105 |
Section 9(l)(2)
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Voluntary Social Welfare Agency (Registration and Control) Ordinance, 1961
Section 9(l)(2) read with
Foreign Donation (Voluntary Activities) Regulation Ordinance, 1978
Since GSS has been registered under Voluntary Social Welfare Agencies
(Registration and Control) Ordinance. 1961 and also under the Foreign
Donations (Voluntary Activities) Regulation Ordinance, 1978 it was amenable
to the control and supervision of respondent No. 1 Director General of the
Department of Social Services of the Government.
Justice (Retired) K. M. Sohhan & Anr. Vs. Department of Social Service &
Ors. 9BLT (AD)-143
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Justice (Retired) K. M. Sohhan & Anr. Vs. Department of Social Service & Ors. |
9 BLT (AD) 143 |
Section 9
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Conditions necessary for dissolving the existing governing body of a samity
under its control and forming an ad-hoc committee.
All the three Courts below, on proper consideration of the facts and
circumstances of the case, the evidence on record and the law bearing on
the subject, concurrently held that none of the circumstances and
conditions stated in section 9 of the Voluntary Social Welfare Agencies
(Registration and Control) Ordinance 1961 was present in the case and as
such the registration authority had no power to dissolve the existing
governing body of the samity and to form an ad-hoc committee. The
activities of the ad-hoc committee as well as the activities of the newly
elected governing body at the instance of the registration authority were
all illegal exercises and consequently all activities of the ad-hoc
committee and the newly elected committee were illegal. The Appellate
Division found to ground to interfere with the decisions of the Courts
below.
Aysha Siddiqua -Vs.- Ms. Fazilatunnesa and others 2 ALR (2013)(AD) 64
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Aysha Siddiqua -Vs.- Ms. Fazilatunnesa and others |
2 ALR (AD) 64 |
Registration certificate issue–
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Registration certificate issue–
The respondent had been in the management of the NGO "আপন
গ্রাম প্রগতি" for a good number of years. When the
respondent returned, after retiring from the government service and was
elected as the President of the said NGO, the appellants who had themselves
been part of the organization, came out from it and obtained registration
of the name "Own Village Advancement (OVA)" for his newly created
organization, having same/similar type of work plan. This is clearly
malafide.
It appears upon going through the constitution of the respondent No.1’s
organization "আপন গ্রাম প্রগতি",
(Annexure-A(I)) which has been approved/acknowledged by the authority of
the government and on the basis of which registration (Annexure-) has been
issued, the name of the organization has been given as "আপন
গ্রাম প্রগতি". The aims and object of which encircles
development of the people of 13 villages of Lalmonirhat by providing
education, healthcare, work and other social and economical activities in
developing their livelihood as self sufficient persons. Whereas from
Annexures filed by the writ respondent No.8 (present appellant No. 1) the
fact of registration and acknowledgement of the organization "আপন
গ্রাম প্রগতি" as "Own Village Advancement (OVA)" by
the authority of the government as well as by him also appears to be true
(Annexures 2 to 8 all issued on different dates between 1985 to 1997) prior
to present appellants obtaining new registration as `Own Village
Advancement (OVA)" in 2000 AD. The appellants, it appears, have taken over
the management of the "আপন গ্রাম প্রগতি"
"(OVA)" and for their own interests have got the English version of the
name used by the respondent No. 1 registered as their organization. Such
action is illegal and malafide as the same is nothing but to deceive the
people as well as the foreign donors.
The findings and decision arrived at by the High Court Division being based
on proper appreciation of fact and law, the same do not call for any
interference by this Division. This civil appeal is dismissed. …Moyezul
Islam Moyez(Md.) =VS= Upendranath Das, (Civil), 2019 (2) [7 LM (AD) 96]
....View Full Judgment
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Moyezul Islam Moyez(Md.) =VS= Upendranath Das |
7 LM (AD) 96 |