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Registration certificate issue–
The respondent had been in the management of the NGO ÒAvcb MÖvg cÖMwZÓ
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 ÒAvcb MÖvg cÖMwZÓ, (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 ÒAvcb MÖvg cÖMwZÓ. 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
ÒAvcb MÖvg cÖMwZÓ 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
ÒAvcb MÖvg cÖMwZÓ "(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 mala-fide 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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