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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.B.BALAJI
P.Raja Subramanian, S.Daniel (died) – Appellant
Versus
K.Varadarajan – Respondent
| Table of Content |
|---|
| 1. background of membership disputes in st. john sangam suits. (Para 1 , 2 , 3 , 4 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. no special resolution issue; precedents inapplicable. (Para 6 , 30 , 31 , 32) |
| 3. rejection of additional evidence application. (Para 14 , 15 , 16 , 17) |
| 4. appellants argue invalid removal and dissolution. (Para 18 , 19 , 20 , 21 , 22) |
| 5. respondents defend suits' non-maintainability and dissolution. (Para 23 , 24 , 25) |
| 6. suits fail without challenging resolutions or membership proof. (Para 26 , 27 , 28 , 29) |
| 7. second appeals dismissed. (Para 33) |
JUDGMENT :
P.B. BALAJI, J.
1.The plaintiffs in O.S.No.973 of 1990 before the District Munsif Court, Trichy, aggrieved by the concurrent findings rendered by the trial Court as well as the first appellate Court, are the appellants in S.A. (MD)No.371 of 2024.
2. The plaintiffs in O.S.No.976 of 1990 before the District Munsif Court, Trichy, aggrieved by the concurrent findings rendered by the trial Court as well as the first appellate Court, are the appellants in S.A. (MD)No.715 of 2024.
3. Considering the fact that the appeals are arising out of common cause, with the consent of the learned counsel for the parties, the
Suits for declaration of society membership and injunctions are not maintainable without challenging removal resolutions or dissolution, with concurrent factual findings on due process non-interferea....
The court established that membership eligibility in a society is governed by its bye-laws, and individuals cannot claim membership rights without meeting the stipulated criteria. Additionally, the c....
Compliance with Order-1 Rule-8 CPC was not necessary as the societies were capable of suing or being sued without taking recourse to the rule. The judgment in the earlier suit was binding on each and....
The provisions of Section 44(8) of the Tamil Nadu Societies Registration Act 1975, introduced later, cannot be applied retrospectively.
The first appellate court must not reverse the trial court's decision without addressing its findings; failure to comply with procedural mandates renders the appellate judgment void.
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