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Boppana Rukminamma and anr. Vs. Maganti Venkata Ramadas - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1940Mad949; (1940)2MLJ554
AppellantBoppana Rukminamma and anr.
RespondentMaganti Venkata Ramadas
Excerpt:
- horwill, j.1. [after dealing with the other points on facts as set out above proceeds.]2. 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 the costs of the plaintiff.
Judgment:

Horwill, J.

1. [After dealing with the other points on facts as set out above proceeds.]

2. 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 the costs of the plaintiff.


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