High CourtsDivision Bench(1940) 08 MAD CK 0028

Boppana Rukminamma and Another vs Maganti Venkata Ramadas

Madras High Court · Decided on 16 August 1940 · Citation: AIR 1940 Mad 949 : (1940) 52 LW 549 : (1940) 2 MLJ 554

HON’BLE JUDGES
Horwill, J

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Judgment

6 paragraphs · 128 words

Horwill, J.—[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.