Adv Babasaheb Wasade vs Manohar Gangadhar Muddeshwar 2024 INSC 52 – Doctrine Of Necessity- Societies Registration Act

Doctrine of Necessity – Under given circumstances an action is required to be taken under compelling circumstances -law permits certain things to be done as a matter of necessity which it would otherwise not countenance on the touchstone of judicial propriety. Stated differently, the doctrine of necessity makes it imperative for the authority to decide and considerations of judicial propriety must yield. It is often invoked in cases of bias where there is no other authority or Judge to decide the issue. If the doctrine of necessity is not allowed full play in certain unavoidable situations, it would impede the course of justice itself and the defaulting party would benefit therefrom.

Societies Registration Act, 1860; Section 15 -The effect of the proviso to Section 15 of the Registration Act – The Objectors have to be treated as suspended members and would not be entitled to any notice as they had no right to vote or to be counted as members – a clear reading and interpretation of the proviso to Section 15 of the Registration Act would disentitle such defaulting members from being given any notice even if their membership was not terminated or ceased (Para 26)

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