'A society registered, under the Societies Registration Act, 1860, is a legal entity which is capable to sue and be sued.' Analyse this statement referring to the provisions of the Societies Registration Act, 1860.
CS Executive · Economic and Commercial Laws · PYQS · December 2020
'A society registered, under the Societies Registration Act, 1860, is a legal entity which is capable to sue and be sued.' Analyse this statement referring to the provisions of the Societies Registration Act, 1860.
Answer & Explanation:
A Society registered under the Societies Registration Act, 1860 is a legal entity. According to Section 6 of the Act, it is capable of suing and be sued in the name of the president, chairman or principal, secretary or trustees as determined by the rules and regulations. If there is no such prescribed determination then the society can be sued in the name of such person as appointed by the governing body for the occasion. If no such person is nominated by the governing body on an application made to it, then a person having a claim against society may sue the president or chairman or secretary or trustee. As per Section 7 of the Act, no suit or proceeding in any Civil Court shall abate or discontinue if the person in whose name the suit has been brought has died or ceased to fill the character. Such suit shall be continued in the name of or against the successor of such person. The section is merely an enabling provision and does not take away the right of society to sue or be sued in its own name (Govind Prasad v. Laxminarain 1960 MPLJ 145).
Topics: Societies Registration Act
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