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.
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.
Advocates List
For the Petitioners D. Suryaprakasa Rao, Advocate. For the Respondent A. Lakshmayya, Advocate.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE HORWILL
Eq Citation
(1940) 2 MLJ 554
1940 MWN 1015
AIR 1940 MAD 949
LQ/MadHC/1940/241
HeadNote
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)
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