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Rai & Ors v Ahir & Ors

2014

CHANCERY DIVISION

United Kingdom

CORAM

  • MISS PENELOPE REED QC

Areas of Law

  • Equity and Trusts
  • Contract Law
  • Civil Procedure

AI Generated Summary

Miss Penelope Reed QC heard charity proceedings concerning the Shri Guru Ravidass Sabha Southall, an unincorporated association governed by a 2007 constitution, brought by six members against twenty-two Executive Committee members and eleven trustees. The dispute centered on membership notices published in Des Pardes containing an Addendum stating the Sabha’s religious Granth is the Shri Guru Granth Sahib and requiring belief in it for membership. The claimants argued the Addendum breached clause 2(a), which frames worship according to the teachings of Shri Guru Ravidass from the Guru Granth Sahib and research into Holy Scriptures, and sought to restrain the Executive Committee. Applying Khaira v Shergill, the court treated the constitution as a civil contract, assessed worship practice, and construed clauses 8(d) and 12(g). The court held the Addendum was not ultra vires, rejected reliance on custom, found trustees lacked adjudicative power, and dismissed the claim.