A society formed under the Societies Registration Act is considered a corporation with a separate legal existence, and therefore, the debt could not be scaled down under Act IV of 1938.

Headnote:
Act IV of 1938 - Societies Registration Act - The court found that a society formed under the Societies Registration Act is considered a corporation with a separate legal existence, and therefore, the debt could not be scaled down under Act IV of 1938.
Fact of the Case:

The court addressed the application of Act IV of 1938 to a registered society formed under the Societies Registration Act, determining that the debt could not be scaled down.
Finding of the Court:

The court found that the society formed under the Societies Registration Act is considered a corporation with a separate legal existence, and therefore, the debt could not be scaled down.
Issues: The issue was whether the debt of a registered society formed under the Societies Registration Act could be scaled down under Act IV of 1938.
Ratio Decidendi: The court interpreted the Societies Registration Act to establish that a society formed under that Act is considered a corporation with a separate legal existence, influencing the decision that the debt could not be scaled down.
Final Decision: The petition failed, and it was 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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1940 Supreme(Mad) 242

IN THE HIGH COURT OF MADRASHorwill, J.Boppana Rukminamma and Anr.VersusMaganti Venkata RamadasDecided On : 16.08.1940

A society formed under the Societies Registration Act is considered a corporation with a separate legal existence, and therefore, the debt could not be scaled down under Act IV of 1938.

IN THE HIGH COURT OF MADRAS
Horwill, J.
Boppana Rukminamma and Anr.
Versus
Maganti Venkata Ramadas
Decided On : 16.08.1940