Boppana Rukminamma And Another v. Maganti Venkata Ramadas

Boppana Rukminamma And Another v. Maganti Venkata Ramadas

(High Court Of Judicature At Madras)

Civil Revision Petition No. 1673 Of 1938 | 16-08-1940

[His Lordship after dealing with the other points in the case proceeded as follows:]

The third point relates to the application of Act IV of 1938. The lower Court found that as the plaintiff was really a registered society formed under the Societies Registration Act, the debt could not be scaled down. It is contended that this society is not a corporation; but I am unable to see why. A perusal of the Societies Registration Act makes it clear that a society formed under that Act is a corporation and that it has a separate existence apart from its members and can sue and be sued in its corporate capacity. On all the points therefore this petition fails and is dismissed with costs of the plaintiff.

Advocate List
Bench
  • HON'BLE MR. JUSTICE HORWILL
Eq Citations
  • (1940) 2 MLJ 554
  • 1940 MWN 1015
  • AIR 1940 MAD 949
  • LQ/MadHC/1940/241
Head Note

Companies — Scaling down of debts — Societies Registration Act, 1860, Ss. 20 and 21 — Held, a society formed under the Societies Registration Act is a corporation and has a separate existence apart from its members and can sue and be sued in its corporate capacity — Debt of plaintiff society, a registered society under the Societies Registration Act, could not be scaled down — Civil Procedure Code, 1908, Or. 22 Rr. 10 and 11 (Paras 10 and 11)