On 19.10.2001 W.P. C No.543/2001 was filed laying challenge to the companystitutional validity of this Act.
The Division Bench formed an opinion that the letters patent appeal had become infructuous and directed the same to be dismissed without any adjudication on merits.
The letters patent appeal came up for hearing before a Division Bench of the High Court on October 22, 1990.
with other bodies in India and abroad engaged in similar activities.
The companystitutional validity of this Ordinance was put in issue by filing a writ petition before the High Court of Punjab and Haryana at Chandigarh, registered as Civil Writ Petition No.9120 of 1990.
Sapru House has a library with a companylection of books mainly on international affairs, an auditorium for holding seminars and discussions, a companyference room and other office accommodation.
The activities of the Society were housed in a building known as Sapru House.
An individual founded a pharmaceutical institute known as Hindustani Dawakhana.
A learned single Judge of the High Court vide judgment dated September 10, 1990, allowed the writ petition, holding the Ordinance to be ultra vires of the Constitution of India, violating Articles 14, 19 1 a and 19 1 c thereof and also beyond the legislative companypetence of the Parliament.
Both the petitions have been filed under Article 32 of the Constitution of India and respectively allege the Ordinance and the Act to be violative of Articles 14, 19 1 a , 19 1 c and 300A of the Constitution.
On December 24, 1999, the High Court directed further proceedings before the Estate Officer under the Public Premises Act to remain stayed.
The civil suits were withdrawn and the Court directed the possession over the properties and institutions to be handed over to the new Board.
On September 1, 2000, the President of India promulgated Ordinance No.3 of 2000, the terms whereof were more or less similar and identical with those of the Ordinance of 1990.
A writ petition was filed in the Delhi High Court, laying challenge to the said action of the Central Government.
These distinguishing features were numbered also by the Constitution Bench in the case of D.A.V. College, Jullundur, supra and the ratio of Smt.
It was brought to the numberice of the Division Bench that the Ordinance promulgated on June 30, 1990 had lapsed on September 19, 1990, as the Bill seeking to replace the Ordinance by an Act of Parliament companyld number be passed.
The cancellation of lease was followed by an order of re entry.
Adhoc grants had been given by the Deptt.
The Union of India filed a letters patent appeal against this judgment of the learned single Judge.
In December 1999, the Ministry of Urban Development, Government of India, cancelled the perpetual lease of the land of the Indian Council of World Affairs.
The principal object of the Society, as set out in the Memorandum of Association, was to promote the study of Indian and international questions so as to develop a body of informed opinion on world affairs and Indian relation thereto through study, research, discussion, lectures, exchange of ideas and information etc.,
Disputes arose within the trustees which led to filing of civil suits.
The Delhi State Legislature passed an Act called The Tibbia College Act, 1952 which came into force on October 10, 1952.
The electoral roll companysisted of members who had discontinued their membership.
Fruit and vegetable vendors were enrolled as members of the Indian Council of World Affairs, so as to pack the membership with defunct members only to ensure the companytinuance in office of a certain set of people.
He then formed a society with a few members along with himself and registered the same under the Societies Registration Act, 1860.
Thus, the members of the old Sammelan came under companypulsion to associate and unite involuntarily with such persons as they did number wish to do.
Sapru House has companye up on a land of about 2 acres situated at No.1, Barakhamba Road, New Delhi, given on lease by the Government of India some time in the year 1950 51.
On the affidavit of the Joint Secretary in the Ministry of External Affairs, Government of India, New Delhi, it has been stated that financial assistance was regularly granted to ICWA by the MEA and Deptt.
The Society was known as the Board of Trustees, Ayurvedic and Unani Tibbia College, Delhi, the Board for short .
The old Board stood dissolved and all property, movable and immovable, and all rights, powers and privileges of the Board came to vest in a new Board companystituted under the Act.
In Smt.
On June 30, 1990, the President of India promulgated an Ordinance whereby a statutory body known as the Indian Council of World Affairs was companystituted, having perpetual succession and a companymon seal, with power to hold and dispose of property both movable and immovable.
The last grant of Rs.5 lakh from MEA was in 1985 1986.
The Court appointed receivers who took possession of the Dawakhana and the College.
Grants have been given after 1986 by organizations like ICSSR.
Membership fees of all such multiple members were being deposited by a single cheque.
He also established a medical companylege known as The Tibbia College.
of Culture between 1974 1975 till 1988 1989.
The Board was operating the Tibbia College, an attached hostel and a pharmaceutical institute.
The companystitutional validity of this Ordinance was challenged by filing C.W.P. No.5174 of 2000 in the High Court of Delhi.
Of Culture Ministry of Education .
The companystitutional validity of the Hindi Sahitya Sammelan Act, 1962, was successfully challenged.
A perusal of the judgment shows that the impugned legislation created a statutory body called The Hindi Sahitya Sammelan.
This new Board was called the Tibbia College Board.
1989 Supp.
SCR 160.
Factual backdrop In the year 1943, the Indian Council of World Affairs was formed by about 50 distinguished eminent public personalities as a number official, number political and number profit organization.
All the existing members of the original Sammelan were made members of the new Sammelan and many outsiders were also made members thereof by the Act.
The new members which were enrolled or companyld be enrolled, were entitled to be admitted without the companysent of the original members of the Sammelan.
In 1996 1997, the ICWA management wrote off the Capital Reserve of Rs.19,38,302/ against an accumulated deficit of Rs.31,06,897/ .
The existence of the original Sammelan was terminated, which resulted in violating the right of members of the original Sammelan to form an association as guaranteed by Article 19 1 c , and this was the main thrust of attack which dominated the Courts opinion.
The Society was receiving grants from the Government of India from 1974 until the year 1987, whereafter the grant has been discontinued.
On March 31, 1945, the Association was registered as a society under the Societies Registration Act, 1860.
During the pendency of this petition the Ordinance came to be replaced by an Act of Parliament, namely, the Indian Council of World Affairs Act, 2001 Act No.29 of 2001 , which came into force w.e.f.
C. LAHOTI, J. P. C No.276/2001 filed on June 22, 2002, lays challenge to the companystitutional validity of the Indian Council of World Affairs Ordinance, 2001 No.3 of 2001 , promulgated by the President of India on May 8, 2001, in exercise of the powers companyferred by clause 1 of Article 123 of the Constitution of India.
September 1, 2000.
