Supreme Court of India · 2003-09-26
Illachi Devi (D) By Lrs. And Ors vs Jain Society, Protection Of Orphans ...
- Citation / case number
- AIR 2003 SUPREME COURT 3397
- Court
- Supreme Court of India
- Petitioner
- Illachi Devi (D) By Lrs. And Ors
- Respondent
- Jain Society, Protection Of Orphans ...
- Author
- V.N. Khare
- Bench
- S.B. Sinha, V.N. Khare
Judgment text excerpt
The Supreme Court held that a Society registered under the Societies Registration Act, 1860 is not entitled to obtain Letters of Administration under Section 236 of the Indian Succession Act, which prohibits such grants to associations of individuals unless they are companies meeting specific conditions. The Court emphasized the need for strict adherence to the statutory provisions, particularly Sections 218 and 236, and upheld the High Court's decision that the Society's application was not maintainable. Consequently, the appeal was dismissed, affirming the lower court's ruling.