Saji Koduvath, Advocate.
1.Introduction
Clubs and Societies are voluntary associations of persons. Article 19(1)(c) of our Constitution guarantees freedom to form associations and unions. It includes in itself the right of effective functioning so as to achieve its lawful objectives.[1]
The Clubs and Societies, as understood in our legal system, are identified in English Common Law as ‘Members’ Clubs’ and ‘Friendly Societies’.
2. Differentiating Features Between Clubs and Societies
It is difficult to pinpoint the differentiating features. Nomenclature of an Association, as Club or Society, by itself, may not be a decisive factor. For distinguishing Clubs from Societies, following characteristics, seen generally attached to Clubs, can be relied on.
- (i) Recreation, or social interaction for mutual benefit of the members, is prime object.
- (ii) Funded by equal contribution of members, as membership-fee and subscriptions.
- (iii) Property is joint property of the members, and not encumbered with obligations of ‘trust’ so as to benefit outsiders; and, therefore, they are freely dealt with by the members as they wish (subject to the bye laws).
- (iv) Interaction between members being higher, compared to Societies, new membership is given on a serious scrutiny. The membership fee and rate of subscriptions are comparatively high.
- (v) Usually registered under the Companies Act, for getting legal identity.
General features of Societies can be summarised, for the purpose of distinguishing them from Clubs, as under:
- (i ) Societies are formed for accomplishing social, charitable or benevolent objectives.
- (ii) They are funded, mainly, on voluntary donations from members or outsiders.
- (iii) Property of a Society (though theoretically joint property of the members) is maintained for benefit of persons other than the members also (and therefore encumbered with obligations pertaining to ‘trust’).
- (iv) Acquisition of membership in Societies will be easier and membership fee and rate of subscriptions thereof will be comparatively low.
- (v) Societies are registered under the Central or State Societies Registration Act, for acquiring legal identity and recognition.
3. Club: Definitions
Halsbury’s Laws of England: ‘Club’ is defined in the Halsbury’s Laws of England[2] as under:
- “A club, except a proprietary club or an investment club, may be defined as a society of persons associated together, not for the purposes of trade, but for social reasons, the promotion of politics, sport, art, science or literature, or for any other lawful purpose; but trading activities will not destroy the nature of a club if they are merely incidental to the club’s purposes.”
Black’s Law Dictionary
- In the Black’s Law Dictionary club is expounded as ‘a voluntary, incorporated or unincorporated association of persons for purposes of a social, literary, or political nature, or the like.’[3]
Daly’s Club Law
- Daly’s Club Law[4] describes a club as ‘essentially an association of individuals in a way that involves to some degree the factors of free choice (which connotes a power of exclusion), permanence, corporate identity and the pursuit as a common aim of some joint interest other than the acquisition of gains.’
4. Members’ Club and Proprietary Club
Clubs are categorised into two main classes: ‘Members’ Club’ and ‘Propriety Club’.
- Members’ Club: A ‘Members’ Club’ is a voluntary association of persons joining together in accordance with the rules and bye-laws of the club fundamentally for enjoying certain facilities or for availing specified mutually beneficial objectives and purposes.
- Halsbury’s Laws of England[5] describes Members’ Club as a society of persons each of whom contributes to the funds out of which the expenses of conducting the society are paid. The contribution is generally made by means of membership fees or subscriptions, or both.
- In Members’ Club, subject to any rule to the contrary, members of the time being are joint owners, in equal shares, of all the properties of the Club. The relationship between the Club and the members is governed by the doctrine of mutuality; every member is a shareholder and every shareholder is a member.[6]
- On the dissolution of a Members’ Club the property and assets are sold and realised, and after the discharge of the debts and liability of the club the surplus is divisible equally amongst the members for the time being, other than the honorary members, subject to any provision in the rules to the contrary.[7]
- Proprietary Club: Propriety Club is controlled and administered by proprietor. The members are customers of proprietor; and they are not the owners of or interested in the property of the club.[8] The proprietor utilizes surplus income as profit and appropriates the same for his own benefit. There are wide variation in the nature and activity of propriety club and many of them are purely commercial undertakings. In India, Proprietary Clubs are usually seen established by Companies.
5. Unincorporated and Incorporated Clubs
Clubs can be incorporated under the Companies Act;[9] and on that basis, there are two classes: Unincorporated Clubs and Incorporated Clubs.
An incorporated company has a separate existence and the law recognises it as a juristic person separate and distinct from its members. This new personality emerges from the moment of its incorporation and its rights and obligations are different from those of its shareholders. The company is holding its property and carrying on its business is not agent of its shareholders.[10]
Sec. 8 of the Companies Act, 2013 deals with companies with charitable objects, etc. It reads:
- 8. Formation of companies with charitable objects, etc
- (1) Where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under this Act as a limited company—
- (a) has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object;
- (b) intends to apply its profits, if any, or other income in promoting its objects; and
- (c) intends to prohibit the payment of any dividend to its members, the Central Government may, by licence issued in such manner as may be prescribed, and on such conditions as it deems fit, allow that person or association of persons to be registered as a limited company under this section without the addition to its name of the word “Limited”, or as the case may be, the words “Private Limited” and thereupon the Registrar shall, on application, in the prescribed form, register such person or association of persons as a company under this section.
6. Societies Registered under Societies Registration Act
Societies predicated in the Societies Registration Act, 1860 are the ‘associations of persons for any literary, scientific, or charitable purpose’; and no recreation club can be registered under the provisions of the Societies Registration Acts.
A society formed for religious purposes can also be registered under the Societies Registration Act as the society formed for religious purposes would also ordinarily be a Society for charitable purposes.[11] But, it is held by the Patna High Court in Md. Yunus Vs. The Inspector General of Registration[12] that the Societies Registration Act does not embrace purposes which are religious or predominantly religious. It is explained in Nelson Vs. Kallayam Pastorate by our Apex Court that when the Church, indisputably, carries on secular activities also, keeping in view the interest of the general public, there is no reason as to why in a case of mismanagement of such (registered) charitable organisations, although run by minorities, the Court cannot oversee its functions.[13]
Sec. 1 and 20 of the Societies Registration Act, 1860 deal with registration of societies, etc. It reads:
- 1. Societies formed by memorandum of association and registration
- Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with Registrar of Joint-stock Companies form themselves into a society under this Act.
- 20. To what societies Act applies–
- The following societies may be registered under this Act: Charitable societies, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature or the fine arts, for instruction, the diffusion of useful knowledge (the diffusion for political education), the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public museums and galleries of paintings and other works or art, collections of natural history,
See Blog (Click): Effect of Registration of Societies and Incorporation of Clubs
7. Can a Literary/Charitable Club be Registered under So. Regn Act
Sec. 14 of the So. Regn. Act provides the provisions for dissolution. It lays down that upon the dissolution of a society registered under this Act, the property of that society shall not be distributed among the members, but shall be given to some other society, as directed in this Section. In the proviso to this Section, it is stated:
- “Clause not to apply to Joint-stock Companies: Provided, however, that this clause shall not apply to any society which has been founded or established by the contributions of share-holders in the nature of a Joint-stock Company.”
It is clear from the Proviso to Sec. 14 of the So. Regn. Act that Associations ‘in the nature of a Joint-stock Company’ can also be registered under the So. Regn. Act. Therefore, it is legitimate to state that an Association in the nature of a club – not for recreation but, ‘for any literary, scientific, or charitable purpose’ (and not encumbered with obligations of ‘trust’ so as to benefit outsiders) too can be registered under the Societies Registration Act. Property of such an Association/society is the joint property of the members; and, therefore, they are entitled to freely deal with the same as they wish (subject to the bye laws).
8. Unincorporated Clubs and Unregistered Societies
General principles as to the individual membership rights (so also the rights and responsibilities of the governing body members) of unincorporated clubs and unregistered societies are similar. Halsbury’s Laws of England describe Unincorporated members’ club as under:
- “205. Unincorporated Members’ Clubs. – An unincorporated members’ club is a society of persons each of whom contributes to the funds out of which the expenses of conducting the society are paid. The contribution is generally made by means of entrance fees or subscriptions, or both. The society is not a partnership, because the members are not associated with a view to profit, nor, for the same reason, is it an association requiring registration as a company. It is not recognised as having any legal existence apart from the members of which it is composed. Subject to any rule to the contrary, the property and funds of the club belong to the members of the time being jointly in equal shares; and if provisions are supplied to a member, at a given price, this does not constitute a sale, but is in effect a release by the other members of their interest in the goods supplied. The transaction is not of a commercial nature and, consequently, is not controlled by the provisions of the Trade Descriptions Act, 1968. The peculiar nature of the transaction is of particular significance in relation to the supply of intoxicating liquor.”
9. Guarantees of Freedom to Form Associations, not Absolute
Right to form associations or unions is guaranteed by Article 19(1)(c) of the Constitution of India. But, it is subjected to the restrictions in clause (4) of Article 19.[14]
Article 19 lays down:
- Protection of certain rights regarding freedom of speech, etc. –
- (1) All citizens shall have the right-
- (a)…. (b) ….
- (c) to form associations or unions, co-operative societies;
- (d) … (e) … (f) … (g) . …
- (2) …. (3) …
- (4) Nothing in Sub -clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub clause.
- (5) … (6) ….”
10. Enactments Governing Trusts, Societies and Clubs in India
‘Trust and Trustees’ and ‘Charities and charitable institutions, charitable and religious endowments and religious institutions’ are subjects of the Concurrent List of the Seventh Schedule to the Constitution, under Entry No.10 and 28, respectively; thereby both the Centre and the States are competent to legislate on these subjects. A non-profit association can be formed under Section 8 (1) of the Companies Act, 2013.
The legal form of a charitable institution is identified by the nature of business it undertakes. Charitable organisations in India are registered, mainly, under three laws:
- Societies Registration Act
- (State) Public Trusts Act
- Companies Act, 2003.
The Societies Registration Act, 1860 and various State-Societies-Registration-Acts (Rajasthan, Karnataka, West Bengal, Madhya Pradesh, Manipur, Jammu – Kashmir) do not require compulsory registration of Societies.Nevertheless, Tamil Nadu Societies Registration Act, 1975 requires compulsory registration of certain societies.
All public charitable trusts in the state of Maharashtra are governed by the Bombay Public Trusts Act, 1950. States like Gujarat, Rajasthan, Madhya Pradesh etc. also have Public Trusts Act. Several other states in India have no Trust Act at all. Wakf Acts and Religious Institutions and Charitable Endowments Acts also govern various religious public organisations.
11. Associations Attracted S. 8(1) of the Companies Act, 2013
Section 8 (1) of the Companies Act, 2013, lays down that an association of persons with charitable objects can be registered under this Act. It should have ‘in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object’ and it should be one which ‘intends to apply its profits, if any, or other income in promoting its objects’.
12. Unlike a Company, a Registered Society is not a Juristic Person[15]
‘Persons’ are of two kinds: human beings and legal persons. The second class is the institutions and associations of persons upon which the law incorporates or attributes legal personality. They are formed either on registration under a statute like Companies Act, or under a particular enactment such as English East India Company, Municipal Corporations, Life Insurance Corporation, Oil and Natural Gas Commission, etc. Apart from companies, corporations etc. our system accept idols in temples also as legal persons.
A Company is a body corporate having perpetual succession and a common seal, with power to hold property. It is held by our Apex Court in Board of Trustees, Ayurvedic & Unani Tibia College, Delhi Vs. The State of Delhi[16] that the vesting of legal ownership of the property of a society in the governing body is merely a method or mechanism permitted by the law; and, it was pointed out that the very resort to the machinery of trustees or the governing body for the time being acquiring and holding the properly showed that there was no intention to incorporate the society or union so as to give it a corporate capacity for the purpose of holding and acquiring property and that they confer certain privileges on a registered Society, which would be wholly unnecessary if the registered society were a corporation.
See Blog: Juristic Personality of Societies and Clubs
Bye Laws Bind as Contract
The members of a club or society, both registered and unregistered, are bound by the memorandum of association and its rules and regulations. The bye laws bind its members as a contract. Even the formation of a society itself is based on a contract. When a person becomes a member of the society, he would have no independent rights, and lose his individuality qua the society except those that are given to him by the statutes concerned and bye laws; and the rights of members merge in the rights of the society. In State of UP Vs. CD Chheoki Employees Co-operative Society, AIR 1997 SC 1413, our Apex Court explicated it with the analogy that the stream cannot rise higher than the source. It reads:
- “Thus, it is settled law that no citizen has a fundamental right under Article 19(1)(c) to become a member of a Cooperative Society. His right is governed by the provisions of the statute. So, the right to become or to continue being a member of the society is a statutory right. On fulfillment of the qualifications prescribed to become a member and for being a member of the society and on admission, he becomes a member. His being a member of the society is subject to the operation of the Act, Rules and bye-laws applicable from time to time. A member of the society has no independent right qua the society and it is the society that is entitled to represent as the corporate aggregate. No individual member is entitled to assail the constitutionality of the provisions of the Act, Rules and the bye-laws as he has his right under the Act, Rules and the bye-laws and is subject to its operation. The stream cannot rise higher than the source.”
- (Quoted in Zoroastrian Co-op. H. Society Ltd. Vs. District Registrar: AIR 2005 SC 2306; Supreme Court Bar Association Vs. BD Kaushik: (2011) 13 SCC 774; Chandigarh Housing Board Vs. Devinder Singh: AIR 2007 SC 1723.)
See Blog: Bye Laws Fundamental
Acts Reasonably Ancillary or Conducive to the Objects
An act beyond the powers conferred by law, or an act violative of the objects envisaged in the foundational document or memorandum of a company, an association or a trust, is termed ‘ultra vires’ act. But, if the act done by a company, association or trust is fairly incidental or reasonably ancillary to its main business or conducive to the statement of the objects of the company, association or trust, unless such an act is expressly prohibited, cannot be held to be ultra vires.
No Alteration of Fundamental Principles of Foundation and Trust
It is not open for the majority of the members of an association to alter the fundamental principles upon which it is founded, unless such a power is specifically reserved. This principle explained in Prasanna Venkiaesa Rao Vs. Srinivasa Rao. (AIR 1931 Mad. 12; Relied on: Milligan Vs. Mitchel: 40 ER 852; Free Church of England Vs. Overtoun: (1904) AC 515. See also: Inderpal Singh Vs. Avtar Singh (2007-4 Raj LW 3547).
In Free Church of England Vs. Overtoun, House of Lords (by a majority of 5-2) found that the minority was entitled to the assets of the Free Church. It was observed that when men subscribe money for a particular object, and leave it behind them for the promotion of that object, their successors have no right to change the object endowed. It was held that, by adopting new standards of doctrine (and particularly by abandoning its commitment to ‘the establishment principle’, which was held to be fundamental to the Free Church), the majority had violated the conditions on which the property of the Free Church was held.
Ultra Vires Acts are Void
Though the configuration of a society differs from that of a company, general principles as to various administrative affairs of a registered society are similar to that of a company.
A company is a juristic person. The actions and functioning of a company differ from that of a natural person who is free to act on his whims and fancies. The actions and functioning of a company are limited by the Memorandum of Association and Articles of Association of Company. A corporation or a company has no inherent common law rights. Any act of a company (save a case of indoor management) ultra vires its Memorandum and Articles of Association, even if backed by the Resolution of the Board of Directors, is void and not enforceable. A contract made by the Directors of a company upon a matter not included in the Memorandum of Association is ultra vires and is not binding on the company. Such a contract does not become binding on the company even though afterwards expressly assented to at a General Meeting of shareholders, being void in its inception. A company is competent to carry out its objects specified in the Memorandum of Association and cannot travel beyond the objects. An ultra vires contract by a company is analogous to and stands on the same footing as a contract by an infant or a minor and in which case there is total incapacity. Just like a consent decree founded on the incompetency of an infant or minor is void and a nullity, a contract founded on the incompetency of the company is void and a nullity. These principles are recapped in Ashbury Railway Carriage and Iron Co. Ltd. Vs. Riche.
The principles in Ashbury Railway Carriage and Iron Co. Ltd. Vs. Riche have been followed in A. Lakshmana-swami Mudaliar Vs. Life Insurance Corporation of India, In Re – Steel Equipment and Construction Co. (P) Ltd. etc.
See blog: Management – Powers of General Body and Governing Body
13. Co-Operative Societies, Creatures of the Statute
Co-operative Societies Acts provide for juristic personality to Co-operative societies. In Daman Singh Vs. State of Punjab and Haryana[18] our Apex Court held ‘a co-operative society is a corporation as commonly understood’ inasmuch as the same has the status of a body corporate having perpetual succession and a common seal, with power to hold property, enter into contracts, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it is constituted.[19]
Co-operative societies being creatures of the statute, once a Co-operative Society is formed and registered, the rights of the society and that of its members stand abridged by the provisions of the Act. The activities of the societies are controlled by the statute. Therefore, there cannot be any objection to statutory interference with their composition or functioning merely on the ground of contravention of individual’s right of freedom of association by statutory functionaries.[20]
But, when the association has an option/choice to get it registered under a particular (Co-operative Societies’) statute,[21] if there are more than one statute operating in the field, the State cannot force the society to get itself registered under a statute for which the society has not applied. If the State does so, it will ‘violate Article 19(1)(c) of the Constitution of India’.Ninety Seventh Amendment of our Constitution provided constitutional status to the Co-operative Societies and it has brought out radical changes in the concept of Co-operative Societies. Democratic functioning and autonomy have now become the core constitutional values of a Co-operative Society.
Vesting of property
In Illachi Devi Vs. Jain Society Protection of Orphans India,[17] reiterating the earlier view, it is held by our Apex Court that a Society registered under the Societies Registration Act is not a body-corporate,and that the mere fact of registration of a Society under the Societies Registration Act will not make the said Society distinct from association of persons.In that view of the matter, a Society registered under the Societies Registration Act is not a juristic person. A society, whether registered or unregistered, is not capable of owning any property or of suing or being sued in its own name.
See Blog: Vesting of Property in Societies and Clubs
14. Regd. Society: Members do not have any Beneficial Interest
Members have no interest other than that of bare trustees
During the subsistence of a registered society, or on its dissolution, the members do not have any proprietary or beneficial enjoyment/interest (that is, ‘proprietary interest’ or interest pertaining to owner) in the property the society holds.[22] But, in companies, the share-holders hold the property as their own.
In Pamulapati Buchi Naidu College Committee, Nidubrolu Vs. Govt. of Andhra Pradesh[23] it is held as under:
- “The Societies Registration Act, therefore, does not create in the members of the registered society any interest other than that of bare trustees. What all the members are entitled to, is the right of management of the properties of the society subject to certain conditions.”
Underhill, in his treatise, ‘Law of Trusts and Trustees’, explained:
- “However, the crucial difference surely is that no absolutely entitled members exist if the gift is on trust for future and existing members, always being for the members of the Association for the time being. The members for the time being cannot under the Association rules appropriate trust property for themselves for there would then be no property held on trust as intended by the testator for those persons who some years later happened to be the members of the Association for the time being.” [24]
See Blog: Incidents of Trust in Clubs and Societies
15. Formation of Associations and Running Business
A fundamental right to form the association cannot be coupled with the fundamental right to carry on any trade or business.[25] The right of the citizens to form the association is different from running the business by that association. Therefore, right of individuals to form a society has to be understood in a completely different context.
Expulsion of a Member from Society or Club
The associations have the right to manage their affairs by themselves. They have the right to enforce the internal discipline even by expelling an erring member. Since expulsion of a member from society or club visits him with harsh adversities, it will always be an exceptional decision and it has to be taken only in exceptional circumstances. It has to be done cautiously and after due considerations. And, it should also be strictly in accordance with law.
See blog: Expulsion of Members & Removal of Office-Bearers
‘Suit By or Against a Regd. So.’ is Virtually Suit By or Against Entire Members
A society or a club, both registered and unregistered, is the compendium of its members. When it sues or is sued all its members should be made parties. Registration of Societies under the Central or State Societies Registration Act does not give the society a corporate status. The common expression, ‘suit by or against a society’, legally and virtually denotes suit by or against its entire members.
From the expression in Sec. 7 of the Societies Registration Act, that ‘proceedings shall be continued in the name of or against the successor of such person’, it is clear that the words in Sec. 6 of the Societies Registration Act, ‘sue or be sued in the name of President, Chairman, or Principal Secretary, or Trustees,’ refers to filing suit by or against the President, Chairman, Principal Secretary or Trustees in their ‘personal name’; and not in their ‘official status’ “as” President, Chairman, Principal Secretary or Trustees.
See Blogs: Suits By or Against Societies, Clubs and Companies
Civil Courts’ Jurisdiction to Interfere in the Internal Affairs of a Society or Club
Unless by express mode or by necessary implication barred, civil courts’ jurisdiction permeates into every civil matter including that of the private associations and even clubs. When the affairs of such institutions, associations etc. are governed by statutes, the courts test the validity of their actions on the touch stone of such statutes. If such bodies are not directly governed by any statute but being administered under their own rules, bye laws etc., their impugned actions are tested in the light of those rules or bye laws. The courts enquire whether their acts were in conformity with those rules and bye laws, and following the principles of natural justice.
See Blog: Court’s Jurisdiction to Interfere in the Internal Affairs
How to Sue Societies, Clubs
An unregistered society or a club is not a legal person; and therefore, it has to sue or be sued only in the name of all its members. It can be done invoking Order I Rule 8 CPC which enables one or more of ‘numerous’ persons having common interest to sue or be sued in a representative character.
When a suit is filed by a member seeking reliefs concerning the society or a club, relating to a matter common to all members, he has to file it (also) as representing other members of the society other than the defendants (usually office-bearers of the society or club); and if it is a personal matter of the plaintiff, seeking relief against all other members, the plaintiff has to sue against one or two members (usually office-bearers) as representatives of others.
Suit Against Regd. Societies shall be in the Personal Name of President, Chairman, etc.
Suing entire members of the society, either in person or invoking Order I Rule 8 CPC, is the normal rule. But, Sec. 6 enables to sue or be sued every registered society in the name of its president, secretary, etc., as shall be determined by the rules and regulations of the society (or through such person as shall be appointed by the governing body for the occasion).
From the expression in Sec. 7 of the Societies Registration Act that ‘proceedings shall be continued in the name of or against the successor of such person’, it is clear that the words in Sec. 6 of the Societies Registration Act, ‘sue or be sued in the name of President, Chairman, or Principal Secretary, or Trustees,’ refers to filing suit by or against the President, Chairman, Principal Secretary or Trustees in their ‘personal name’; and not in their ‘official status’ as President, Chairman, Principal Secretary or Trustees.
See Blog: How to Sue Societies, Clubs and Companies
16. General Principles in Company Law Apply to Regd. Society.
The principal difference between a society registered under the Societies Registration Act and a company corporate is that a company is a juristic person by virtue of it being a body corporate, whereas the society, even when it is registered, is not possessed of these characteristics.[26]
The general principles governing rights of a member in a registered society, and the right of suit of a member, would be similar to that of an individual share holder’s rights in a company. Following are recognised by Courts as individual membership rights in a company: (i) Right to vote, (ii) right to stand as a candidate for election as a director and (iii) set-right illegal acts.[27] The general principles as to the rights and responsibilities of the directors of a company also apply to the governing body members of a society.
17. Role of Societies in society
After laying down the legal status of the Societies, our Apex Court observed in Illachi Devi Vs. Jain Society Protection of Orphans India[28] that a society registered under the Societies Registration Act play an important role in society. They discharge various functions which are beneficial to the society. They run educational and other institutions. They sometimes work in public interest and act in aid of State functions. They have their own accountability. They sometimes incur liabilities. Public interest litigations filed by Societies are galore.
[1] AP Dairy Development Corporation Vs. B Narasimha Reddy: AIR 2011 SC 3298;
DharamDuttVs. Union of India: AIR 2004 SC 1295.
[2] Fourth Edition, Vol. 6, Para 201, Page 56:
Quoted in H R Club Vs. State: AIR 1986 Pat 182.
[3] Quoted in Delhi Gymkhana Club Limited Vs. Union of India: ILR 2009-5 Del 625.
[4] Page 1
[5] IV Edition, Vol. 6, Para 205, 206, and 208
[6] Harbour Division II, Madras Vs. Young Men’s Indian Association, Madras: AIR 1970 SC 1212
[7] Halsbury’s Laws of England: IV Edition, Vol. 6, Paras 209,217, 220, 232, 247, 256 and 261
[8] Harbour Division II, Madras Vs. Young Men’s Indian Association, Madras: AIR 1970 SC 1212.
[9] Under Section 8 (1) Companies Act, 2013.
[10] Heavy Engineering Mazdoor Union Vs. State of Bihar, AIR 2003 SC 3397.
[11] Hindu Public Vs. Rajdhani Puja Samithee: AIR 1999 SC 964.
[12] AIR 1980 Pat 138.
Referred to in: Fazul Rabbi Pradhan Vs. State of WB: AIR 1965 SC 1722.
[13] AIR 2007 SC 1337.
[14] Board of Control for Cricket Vs. Cricket Association of Bihar: AIR 2015 SC 3194;
AP Dairy Development Corpn. Vs. B Narasimha Reddy: AIR 2011 SC 3298;
Dharam Dutt Vs. Union of India AIR 2004 SC 1295;
M/s. Raghubar Dayal Jai Prakash Vs.The Union of India AIR 1962 SC 263.
[15] See Chapter: ‘Juristic Personality of Societies and Clubs’
[16] AIR 1962 SC 458
[17] AIR 2003 SC 3397
[18] AIR 1985 SC 973
[19] R Jaivel Vs. State of Tamil Nadu: AIR 2006 Mad 215.
State of Punjab Vs. Kesari Chand: AIR 1987 P&H 216;
Sonepat Co Op Sugar Mills Ltd Vs. Presiding Officer Labour Court: AIR 1986 P&H 386;
Mulshanker Kunverji Gor Vs. Juvansinhji Shivubha Jadeja: AIR 1980Guj 62.
[20] A P Dairy Develpmt. Corpn. Vs. B Narasimha Reddy: AIR 2011 SC 3298.
[21] A P Dairy Develpmt. Corpn. Vs. B Narasimha Reddy: AIR 2011 SC 3298.
[22] Board of Trustees, Ayurvedic & Unani Tibia College Vs. The State: AIR 1962 SC 458; Dharam Dutt Vs. Union of India: AIR 2004 SC 1295;
Pamulapati Buchi Naidu College Committee, Vs. Govt. of A P: AIR 1958 AP 773.
[23] AIR 1958 AP 773. See also: Raj Kumar Gaba Vs. State of UP: 2012-49 VST 252;
Commissioner of Income Tax Vs. Merchant Navy Club: 1974-96 ITR 261;
Gurdwara Prabandhak Committee Vs. Jagmonan Singh: ILR 1971-2 Del 515.
[24] Quoted in Most Rev. PMA Metropolitan Vs. Moran Mar Marthoma: AIR 1995 SC 2001- Para 69.
[25] Tata Engineering and Locomotives Vs. The State of Bihar: AIR 1965 SC 40;
A P Dairy Development Corporation Vs. B Narasimha Reddy: AIR 2011 SC 3298.
[26] Illachi Devi Vs. Jain Society Protection of Orphans: AIR 2003 SC 3397
[27] Nagappa Chettiar Vs. Madras Race Club: AIR 1951 Mad 831;
Satyavart Sidhantalankar Vs. Arya Samaj, Bombay, AIR 1946 Bom 516;
ShridharMisra Vs. Jaihandra, AIR 1959 All 598;
CL Joseph Vs. Jos AIR 1965 Ker 68;
Star Tiles Works Vs. N. Govindan: AIR 1959 Ker 254.
[28] AIR 2003 SC 3397.
