Lawstreet Journal

Registered Society’s Local Unit Cannot Institute Suit Unless Authorized By Byelaws: Supreme Court

Lawstreet Journal 3 Apr 2022 4:23am

Image courtesy: Lawstreet Journal Judiciary Registered Society’s Local Unit Cannot Institute Suit Unless Authorized By Byelaws: Supreme Court

The Supreme Court has observed that a society registered under the Societies Registration Act,1860 is entitled to sue and be sued, only in terms of its byelaws. 

A Society registered under the Society Registration Act is entitled to sue and be sued , only in terms of its bye laws . The Bye – laws may authorise the president or secretary or any other office bearer to institute or defend a suit for and on behalf of the society.

Under section 6 of the  Societies Registration Act , 1860, “ every society registered under the Act may sue or be sued in the name of President , Chairman , or Principal Secretary or trustees, as shall be determined by the rules and regulations of the society , and in default of such determination, in the name  of such person shall be appointed by the governing body for the occasion”. 

Therefore , unless the plaintiff in a suit which claims to be a society , demonstrates that it is a registered entity and that the person who signed and verified the pleadings was authorised by the byelaws to do so , the suit cannot be entertained . The fact that the plaintiff in a suit happens to be local  unit or sakha unit of registered society is of no consequence , unless the bye -laws support the institution of such suit. 

A Bench comprising Justice Hemant Gupta and Justice V Ramasubramanian therefore observed that unless the plaintiff in a suit which… Continue Reading...


Tagged: Supreme Court of India  
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