Tuesday 12 November 2013
CASELAWS REPORTED IN ALL INDIA COOPERATIVE LAW DIGEST - PART 2
Amendment of Notification
-Notification under S 3(3) conferring on Additional Registrar all powers of Registrar under Act-Subsequent amendment of S. 26 (1-D)by (Sc. 3 Punjab Co-operative Societies Act, 1961).
1975 Cu. L.J. 218 = 1975 Rev. L.R. 303
-The intention of the Legislature in this amendatory legislation underlying Section 21-C of the Act is only to curb growth of vested interests in co-operative societies. (Andhra Pradesh Co-operative Societies Act, 1964, Section 21-C.
A.I.R. 1976 Andhra Pradesh 340
-Section 12(6) of the Act clearly indicates that in the even of default by Society to make the amendment of Bye-law, the Registrar, after giving society a reasonable opportunity of being heard, can register the amendment. The Registrar has the discretion of registering the amendment, but the mandate in sub-section (6) of Section 12 of the Act is that the society should be given a reasonable opportunity of being heard. While sub-section (6) requires an opportunity of being heard to be given to the society, Rule 14-A (3) makes provision for hearing the committee of the Society. Admittedly, the committee of society is different from the society. The rule has been made in exercise of the powers of subordinate legislation. As the Statute requires the Society to be given a reasonable opportunity of being heard, the Rule cannot confine the right of hearing to the Committee of Management, a body different from the Society. Sub-rule (3) of Rule 14 is inconsistent with Section 12 (6) of the Act, and, therefore, ultra vires the Act. (Orissa Co-operative Societies Act, 1963, Section 12 (6) and Orissa Co-operative Societies Rules, 1965, Rule 14-A (3)).
A.I.R. 1981 Orissa 112 = 1981 (51) Cut. L.T. 421
-Amendment Act by inserting sub-section (1-A) in Section 14-A dispensing with necessity of giving hearing to societies and by Section 3 validating all previous orders passed without hearing societies ae valid. (Karnataka Co-operative Societies (Amendment) Act, (14 of 1978), Section 3).
A.I.R. 1980 Kant. 122
-The scheme in the Statute is that amendments should be by a voluntary process as a rule and could be imposed under certain circumstances as an exception. Where the Statute prescribes a particular procedure to be complied with, for exercising jurisdiction in an exceptional manner, it is appropriate that the procedure should be strictly followed and failure to comply with the statutory requirement should be seriously viewed. (Orissa Co-operative Societies Act, 1963, Section 12 (6) and Orissa Co-operative Societies Rules, 1965, Rule 14-A (1).
A.I.R. 1981 Orissa 112 = 1981 (51) Cut. L.T. 421
-Where before imposing the amendment of Bye-laws of a society under Section 12 (6) of the Act, no notice was given by the Registrar under Rule 14-A (1) of the Rules calling upon the society to convene a General Body Meeting of the society and no general body Meeting of the society was held for considering the proposed amendment, it must be deemed that no opportunity of hearing was given by the Registrar to the society before registering the amendment. Consequently, the order registering amendment would be illegal. (Orissa Co-operative Societies Act, 1963, Section 12 (6) and Orissa Co-operative Societies Rules, 1965, Rule 14-A (1).
A.I.R. 1981 Orissa 112 = 1981 (51) Cut L.T. 421
-Amendment abolishing execution of arbitration award as a decree of Civil-Court-Pending proceedings no affected. (Himachal Pradesh Co-operative Societies Act (3 of 1969), Section 87 (as amended in 1972)).
A.I.R. 1977 Himachal Pradesh 35 = I.L.R. (1976) Himachal Pradesh 319 = (1977) 13 Co-op. L.J. 47
Annual General Meeting
-Election of Committee-State Co-operative Bank-Election of Director-Annual General Meeting-Meeting if can be held in each District to elect one representative of Central Co-operative Banks in that District.
-Held, that the election of seven Directors of the State Co-operative Bank by the representatives of the Central Co-operative Banks has to be held in the Annual General Meeting and not in the meeting of the Central Co-operative Banks in a District can authorize one or more of their representatives to be candidates for election, such candidates will send their nomination papers to the H.O. of the Bank, where they will be scrutinized by the Returning Officer. It cannot be said that where each Distich is entitled to elect one representative from amongst the representatives of the Central Bank in that District as Director of the Bank, the election of the Director shall take place in the meeting of the Central Banks of that District in the District.
-Even if there is only one candidate, his nomination will be announced from days before the General Meeting. In the General Meeting his name will come up for election and the electorate for the election & of seven Directors representing the Central Co-operative Banks in the State consisting of representatives of all the Central Co-operative Banks of the Direct from which one candidate has to be elected. As the Annual General Meeting of the Bank is to be held once a year at which election of the Directors is to be held it cannot be split into as many meeting as there is zones, can the Annual General Meeting be confined only to the representatives of the members in each district zone.
(Section 24, Punjab Co-operative Societies Act, 1961).
1979 P.L.R. 45 (S.N.)
-Section 49 (3) of the Act which enables the Assistant Registrar or his nominee to attend the annual general meeting does not enable him or his nominee to preside over the meeting or to regulate its conduct. (Madhya Pradesh Co-operative Societies Rules, 1962, Rule 41, Clause (13) and (26)).
A.I.R. 1974 Madhya Pradesh 164 = 1974 Co-op. L.R. 236 = (1975) 11 Co-op. L.J. 31
-Rules 19 and 23-Annual general meeting-Bye-law providing for holding such meeting once a year-Society does not restrict or take away power to call meeting for any other purpose on other occasion. (Co-operative Societies Act, 1912, Section 43 (c)).
I.L.R. (1963) Madhya Pradesh 1007 = 1962 M.P.L.J. (Notes) 231 = 1963 M.P.L.J. 35 = 1963 Jab. L.J. 193
-An arbitration petition challenging the validity of the elections of office bearers held at the annual general meeting is in connection with a dispute touching the business of the society and is within Rule 115. (Co-operative Societies Act, 1912, Section 43 and Rule 115, Explanation 3).
A.I.R. 1968 Allahabad 22 = 1967 All. L.J. 454
-Notification postponing annual general meeting-Limited in application to annual meeting. (Karnataka Co-operative Societies Act, 1959, Section 27 (1)).
A.I.R. 1978 Karnataka 37
-Election of members of managing committee need to necessarily be held in annual general meeting only. (Delhi Co-operative Societies Rules, 1973, Rule 54).
I.L.R. (1974) 2 Delhi 692
-Section 70 of the Karnataka Co-operative Societies Act 1959 provides adequate alternative remedy to a person feeling aggrieved like V. Clause (c) of sub-Section (2) of Section 70 confers power on the Registrar to try any, dispute arising in connection with the election of the President, Vice- President, Chairman, Vice-Chairman, Secretary, Treasurer, or Member of a Committee of the Society. (Karnataka Co-operative Societies. Act (11 of 1959), Section 70 (2) (c).
A.I.R. 1982 Karnataka 220 = 1981 (2) Kant. L.J. 414
-’Any person, - ‘Person’ includes persons aggrieved. (Madhya Pradesh Co-operative Societies Act, 1961, Section 63 (3)).
1974 Co-op. L.R. 340 = 1979 M.P.L.J. 210 = 1973 Jab. L.J. 920
-The word ‘demand’ in Section 54 should be given its ordinary dictionary meaning, which would include ‘any claim’ irrespective of the fact whether it is backed by a statute or not. (Bombay Co-operative Societies Act, 1925, Section 54 (as applicable to Delhi).
I.L.R. (1965) 2 Punjab 61 = 67 Punj. L.R. 566
Any Act or Omission
-The words ‘any act or omission’ certainly comprehend not merely honest but also dishonest acts or omissions. (Madras Co-operative Societies Act (6 f 1932), Section 51 (1) (c)).
A.I.R. 1957 Andhra Pradesh 98
-An act beyond the objects mentioned in the memorandum is ultra vires but if the act done is fairly incidental, reasonably ancillary to its main business, conductive to the statement of the objects, and the company bona fide seeks to carry out the laid down object by adopting a specified method treating to be efficient, economic and safe way of serving the object, unless such an act is expressly prohibited, cannot be held to be ultra vires. The ancillary works to be intra vires to its main business must have reasonably proximate connection with the object and is permissible, till the time the company carries on its main business. The ancillary works cease to be ancillary, if the company gives up or deviates from its main business and carrying on only ancillary work could be ultra vires. (Bihar and Orissa Co-operative Societies Act, (6 of 1935), Section 11, 66 (2) (vi) and 16 (3) - Bihar and Orissa Co-operative Societies Rules, 1959, Rule 15(b).
A.I.R. 1984 Patna 105 = 1984 (20) Co-op. L.J. 184
-Section 96 (4) does not impose any restriction whatever on the nature of the order which the appellate authority can pass. (Tamil Nadu Co-operative Societies Act (53 of 1961), Section 96(4)).
A.I.R. 1971 Madras 343
-A party aggrieved by an order made under Section 15-A is entitled to prefer an appeal to an authority specified by the Government and the Government has named the District Collector as the appellate authority. (Andhra Pradesh Co-operative Societies Act, 1964 Sections 15, 15-A and 76).
A.I.R. 1978 Andhra Pradesh 121 = (1978) 1 Andh. W.R. 209 = 1977 Andh. L.T. 700 = (1978) 1 A.P.L.J. (H.C.) 1
-Order of Assistant Registrar approving award of liquidator without hearing affected parties is not legal. (Punjab Co-operative Societies Rules, 1963, Rule 59).
A.I.R. 1983 N.O.C. 215 (Punjab & Haryana) = 1982 P.L.J. 470 = 1983 Rev. L.R. 296
-Though Section 34, C.P.C. mentions certain rate of interest to be awarded by the Court concerned, the awarding of interest more than that is contemplated under Section 34, Code of Civil Procedure will not ipso facto make such award illegal or without jurisdiction. If a party is aggrieved by such award, the proper course will be to have it corrected by way of an appeal or revision before the appropriate forum and cannot at the stage of execution question the same. It is well settled that the executing Court cannot go beyond the decree except in certain cases where the decree itself is ab initio void or that the Court which passed the decree did not have jurisdiction to pass the same.
A.I.R. 1983 Madras 36 = 1982 (2) Mad. L.J. 227 = 1983 (19) Co-op. L.J. 94
-The obligation under Section 69A (4), any, of any notified society is to contribute annually to the ‘Fund’ established by the Apex Society and not to any Fund. The Apex Society not having established any such Fund till this date, the petitioner notified Society was under no legal obligation to pay or make any contribution to any such Fund. The demand thus being ill founded is illegal and ineffective and unenforceable against the petitioner.
(Maharashtra Co-operative Societies Act, 1960 (24 of 1961), Section 69A (30).
A.I.R. 1982 Bombay 199 = 86 Bom. L.R. 284
-Punjab Co-operative Societies Rules, 1963-Rule 23 Appendix ‘C’ Election of Managing Committee of Apex Society-Internal difficulties of members of society-Election cannot be stayed because a Statutory duty is cast upon Members Societies to elect committee members for representing it on Apex Society. (Sec. 19 (2), Punjab Co-operative Societies Act, 1961).
1974 PLJ 568
-The Government has jurisdiction under Section 59 and 62 to make an order approving the resolution, passed by the Bank removing a member, which has been held by the Registrar to be untenable and resort to either of these sections in any case is a matter for its determination. (Mysore Co-operative Societies Act (52 of 1948). Section 59 and 62).
A.I.R. 1954 Mysore 59 = I.L.R. (1953) Mysore 508 = 33 Mys. L.J. 137.
-One of the Directors himself proposed three names as members of the new Board of Directors-Director was estopped from saying that the persons could not be re-elected without the previous approval of the Registrar. (Bihar and Orissa Co-operative Societies Act, 1935, Section 55(2)(vii).
A.I.R. 1958 Patna 154
-The enumeration of particular matters by sub-section (2) of Section 97 will not control or limit the width of powers conferred on the appropriate Government by sub-section (1). Thus to read section 97(2) (v) as having permitted the framing of a retrospective rule as the Bench in I.L.R. (1974) 2 Delhi 684, did or even as the late Bench in A.I.R. 1977 Delhi 236 (but for the fact that later Bench was inclined to read the words ‘or admitted in Section 97 (2) (v), differently from the manner it was read by the earlier Bench), was in opposite because the power to frame rule with retrospective effect would have to be specifically found in Section 97 (10 itself. If such a power cannot be so found the authority to frame rules with retrospective effect could not be spelt out by invoking particular matters given in sub-section (2). It will be appreciated that even if clause (v) of Sub-section (2) of Section 97 was not there the power to frame a rule for the purpose mentioned in clause (v) of sub-section (2) of Section 97 be covered by the power given Lt. Governor to make rules to carry out the purpose of the Act. As the Act permits the constitution of Co-operative Societies it is apparent that the conditions to be complied with the by the persons applying for admission or admitted as members and the election and admission of members and payments would necessarily be the purpose for which the Lt. Governor would have power to frame Rules. (Delhi Co-operative Societies Act (35 of 1972), Section 97 (2) (v)).
A.I.R. 1982 Delhi 470
Application of Mind
-Orders mechanically passed without applying mind are liable to be quashed. (Karnataka Co-operative Societies Act, 1959, Section 14-A (as amended by Act 70 of 1976 and Ordinance 7 of 1977).
A.I.R. 1978 Karnataka 148 = 14 Co-op. L.J. 268 = (1978) 1 Kant. L.J. 302
-Scope of-Registrar has to apply his mind to facts and circumstances of a Society or Societies with a view to be satisfied that it is essential or desirable in the interest of Society or societies before proposed order of amalgamation or division-Has to keep in view the guidelines provided by Legislature and is not to be dictated by higher authorities to exercise such power on the considerations not germane to provisions of the Act-Guide lines laid down by Central Committee on Co-operative that there should be one Co-operative Societies in a Patwar Circle-Has nothing to do with guidelines provided in sub-section (8) of Section 13-Order of Registrar passed under directions issued by higher authorities which are not germane to sub-section (8) of Section 13-The said orders are liable to be quashed. (Section 13, Punjab Co-operative Societies Act, 1961).
1976 PLJ 302
-Order under-Must be supported by reasons-Should show the application of mind by the Registrar. (Sec. 27, Punjab Co-operative Societies Act, 1961).
1977 PLJ 24
-Independent application of mind necessary. The Registrar having been vested with authority under sub-section (8) of Section 13 of the Act, has to apply his mind keeping in view the guidelines given by the Legislature and is not to be dictated by the higher authorities to exercise such power on consideration which are not germane to the provisions of the Act. (Section 13 (8) Punjab Co-operative Societies Act, 1961).
AIR 1976 Punjab 345 = (1976) 78 Pun. L.R. 564, (1976) 12 Co-op. LJ 279
-Haryana State Central Co-operative Banks Staff Service (Common Cadre) Rules, 1975, Rule 27.1-Appellate authority while exercising power under the Rules should pass an order which should indicate applicability of mind-Order should indicate intelligible process of reasoning. (Punjab Co-op. Societies Act, 1961, Section 84).
1984 (2) All India Land Laws Reporter 275
Application To Set Aside Ex-parte Award
-Arbitrator giving an ex parte award-Application moved on that very date for setting aside exparte award-Arbitrator under a legal obligation to decide the application for getting the award set aside-Application to be decide-on merits-Direction given to appoint another arbitrator who may decide the issue afresh. (Punjab Co-op. Societies Act, 1963, Section 56).
1984 (1) All India Land Laws Reporter 221
Application for Membership
-Taluk Co-operative Officer is not competent to receive applications for membership to a Society. (A.P. Co-operative Societies Act, 1964, S. 19 (2-A).
1982 (2) An. W.R. 364
Application For Enquiry
-Application for inquiry not satisfying requirements of Section 51-Registrar can treat it as information. (Andhra Pradesh Co-operative Societies Act, 1964, Section 51).
(1980) 1 A.P. L.J. 319
Application For Review
-Application for review-Transfer of Registrar-Joint Registrar legally competent to hear review petition. (Bihar & Orissa Co-operative Societies Act, 1935, Section 48 (7).
1959 BLJR 298 = ILR 38 Patna 377
-Two pre-conditions for applicability : (a) nature of dispute and (b) parties to dispute-Dispute should be touching the constitution, Management or the business of a Co-operative Society-Word ‘dispute’ a wide ranging-one-As one as a claim is asserted by one party and denied by the other, be the claim a false or a true one, or either it, ultimately turn out to be false-Phrase ‘touching the business of Society’ interpreted in A.I.R. 1943 Bombay 341-Clause (d) visualize parties which are inter-Societies-Liberal construction would be placed on the language of Section 55 both as regard nature of the dispute and the member of parties thereto. (Sec. 55, Punjab Co-operative Societies Act, 1961)
1982 All India Land Laws Reporter 360
-Section 26A as introduced by Second Amendment Act 1978 is not retrospective in operation, but it applies prospectively. The provision of Section 26A will apply in those cases where the period of fifteen months referred to in clause (a) of the Section expires the enactment of the section. (West Bengal Co-operative Societies Act (38 of 1973), Section 26-A).
A.I.R. 1981 Calcutta 378
-Power of State Government to appoint Chairman is only by virtue of first proviso to sub-section (1) of Section 34. (Uttar Pradesh Co-operative Societies Act (11 of 1966), Section 34).
I.L.R. (1977) 1 Allahabad 84 = 1977 All. L.J. 158 = 1976 All. W.C. 683.
-The legislature cannot be the proper judge as to the class or classes of societies or even societies within a particular class in which employee-participation in management would be desirable. This can only be done by an agency which has before it sufficient information and data with respect to all societies and which is capable of having knowledge of changing circumstances. This information and knowledge can only be posed by the State Government and its department which deal with co-operative societies, Section 73BB of the Act, while providing that all Societies can be brought within the scope of the section, has, therefore, left it to the State Government to decide to which societies the said section would apply. (Maharashtra Co-operative Societies Act (24 of 1961), Section 73BB).
A.I.R. 1983 Bombay 317.
-If the State Government wee to direct Section 73BB to apply to a society out of a class of societies which are similarly circumstanced, the order of the State Government would be void as offending Article 14 of the Constitution. (Maharashtra Societies Act. (24 of 1961), Section 73BB).
A.I.R. 1983 Bombay 317.
-Section 33 has no application whatsoever where the plaintiffs seek to recover deposits credited by the Society to them. (Maharashtra Co-operative Societies Act (24 of 1961), Section 33).
1975 Co-op. L.R. 185 = I.L.R. (1975) Bombay 141
-Earlier judgment on an over-ruled authority-Application of wrong law is a good ground of review. (Punjab Co-operative Societies Act 1961)
1983 (1) All India Land Laws Reporter 25
-Arbitration Act, 1940, Section 33-Applicability of the provisions of the Arbitration Act to arbitration under the Pubjab Co-operative Societies Act, 1961-Provision of Arbitration Act not applicable. (Punjab Co-operative Societies Act, 1961, Section 55, 56, 82 (1) (c) and 82 (3)).
1983 (1) All India Land Laws Reporter 138
-Arbitration Act, 1940, Section 33 and 46-Provision of Section of the Arbitration Act in consistent and in-applicable to statutory arbitration under the Punjab Co-operative Societies Act, 1961, (Punjab Co-operative Societies Act 1961, Sections 55 and 56).
1983 (1) All India Land Laws Reporter 138
-In terms of sub-section (2) of Section 29 of the Limitation Act, the Act will apply to the proceedings under the Himachal Pradesh Co-operative Societies Act, inasmuch as there is no express provision in the said Act to the contrary. (Himachal Pradesh Co-operative Societies Act, 1969, Section 93 (1) (2).
A.I.R. 1981 Himachal Pradesh 23 = 1981 Sim LC 62
-Proceedings before Co-operative Tribunal-Provisions of Limitation Act do not apply to them. (Kerala Co-operative Societies Act, 1969, S. 82).
1979 Ker. L.T. 894
-Period of one month’s limitation provided under serial no. 7 of Fourth Schedule being special, Sections 4 and 12(2), Limitation Act are attracted. (Bengal Co-operative Societies Act, 1940), Section 134).
A.I.R. 1973 Calcutta 364
-Where Section 46 and 134 are not applicable to a given case, the deeming provisions of Section 29 (2), Limitation Act will be attracted and Section 2 to 24 of that Act will apply. In this view any acknowledgement of liability can be taken into consideration while computing the period of limitation for such a suit. (Bengal Co-operative Societies Act (21 of 1940), Section 46, 86 and 134).
(1975) 79 Cal. W.N. 573
-Sale in execution of an award under rules framed under Madras Co-op. Societies Act-Section 66, Civil Procedure Code does not apply. (Madras Co-operative Societies Act (6 of 1932), Sections 57-A, 65 (a) and Rules 15 and 22 framed under Section 65 (O).
A.I.R. 1955 Andhra Pradesh 10
-Provisions of Civil Procedure Code are applicable to Tribunals.
(Kerala Co-operative Societies Rules, 1969, Rule 122).
(1980) 16 Co-op. L.J. 4 (Part 4) = 1980 Ker. L.T. 935
-The Society is admittedly registered under the Maharashtra Co-op. Societies Act, 1960, and has its registered office at Mithagar Road, Muland (East), Bombay 400 081. Under Section 36 of the said Act, the registration of a Society shall render it a body corporate by the name which it is registered with perpetual succession and a common seal, and with power to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings, and to do all such things as are necessary for the purpose for which it is constituted. Section 37 of the Act provides that every society shall have an address, registered in accordance with the rules, to which all notice and communications may be sent; and the society shall send notice in writing to the Registrar of any change in the said address, within thirty days thereof. It is undisputed that the Society is a registered society under the Act, it has its registered address in accordance with the rules, and the registered address is the one mentioned above. The society being a corporation, it will be governed by Order 29 Rule 2 for service of any process. (Maharashtra Co-operative Societies Act, 1960 (1 of 1961), Sections 36 and 37).
A.I.R. 1981 Bombay 260. = 1981 Bom. CR 92
-Scope-Under Section 62, an appeal lies only when there is a point of law, (Mysore Co-operative Societies Act, (52 of 1984), Section 62).
A.I.R. 1954 Mysore 59
-Appeal returned by Tribunal for want of Court-fee-No automatic relating back of an appeal, in which defects are removed, to the date of original presentation will depend on discretion of Tribunal. (M.P. Co-operative Societies Act, 1961, Section 71).
A.I.R. 1967 Madhya Pradesh 173
-An appeal dismissed in default can be restored if there is sufficient ground for doing so. (Himachal Pradesh Co-operative Societies Act (13 of 1956), Section 113).
I.L.R. (1974) Himachal Pradesh 554
-An order passed by Registrar under Sub-section (1-A) of Section 50-A cannot from subject matter of appeal since that is also of a processual nature and does not affect rights or liabilities of parties. (Bombay Co-operative Societies Act, 1925, Section 50-A (1A).
I.L.R (1965) Gujarat 1127
-Co-operative Societies Rules, 1927, Rule 35, Bombay Co-operative Societies Act (7 of 1925) Sections 64 (1) and (2)-Limitation for appeals-Date of decision informed-Decision not communicated-Limitation never commenced. (Bombay Co-operative Societies Act, 1925, Section 71).
Mys. L.J. 687
-Order under Section 29-C-Appeal lies to the State Government. (Karnataka Co-operative Societies Act,. 1959, Sections 2 (1), 2A (5), 29-C and 106 (1) (d-1) & (2) (a).
(1979) 2 Kant. L.J. 50
-There is no provision in the Act for a second appellate forum. Right of appeal is not a mere matter of procedure, but is a substantive right. There is no inherent right of appeal. It must be a creature of statute. No second appeal can be entertained if under any special enactment there is provision for one appeal only. (Bihar and Orissa Co-operative Societies Act, 1935, Section 48 (6)).
ILR 1978 57 Patna 959 = (1979) B.B.C.J. 101 = 1979 B.L.J. 87
-Only one appeal is provided under Clause (c) of Bye-law 42 to Registrar if order concerned is by the joint-Registrar. (Bihar and Orissa Co-operative Societies Act, 1935, Section 48. Bihar Co-operative Societies Rules, 1959, Rule 15).
1970 B.L.J.R. 551 = (1970) 6 Co-op. L.J. 283
-Suit in respect of rent of lands in mehal after notification but before its publication-Decree passed before release is nullity and can be challenged in appeal. (Bengal Co-operative Societies Act (21 of 1940), Section 99).
A.I.R. 1955 N.U.C. (Calcutta) 876
-Any person appointed by the State Government to assist the Registrar is also a ‘Registrar’ within the meaning of the Act. This is clear from the language of Section 3. Because, it provides that the person or persons so appointed to assist the Registrar and on whom any powers of the Registrar are conferred, shall work under the general guidance, superintendence and control of the Registrar. In this case the order under appeal before the Tribunal was passed by the Joint Registrar. There cannot be any dispute that he was a person appointed by the State Government to assist the Registrar and that he worked under the general guidance, superintendence and control of the Registrar. In this view of the matter an order impugned in appeal before he Tribunal was clearly an order by the ‘Registrar’ within the meaning of Section 97 and an appeal lay against his decision to the Tribunal, which was rendered in an application under Section 91. (Manipur Co-operative Societies Act (14 of 1970), Section 97, 2 (25), 3, 91, 95 and 96).
A.I.R. 1985 Gauhati 88 = 1984 (2) Gau. L.R. 219
-The general right to appeal to Tribunal, in all cases, is there in Section 97, available ‘any party aggrieved by any decision of the Registrar’. Appeals also lie against the ‘decision’ of the nominee or Board of nominees of the Registrar in a proceeding under Section 96. Further, appeals also lie against an order passed under Section 95. These contingencies are mutually exclusive. This is so because Section 3 of the Act defines the term ‘Registrar’ comprehensively. The definition clause embraced by Section 2 (25) of the Act has to be read along with Section 3. It is true that the definition clause merely says ‘Registrar’ means a person appointed to be the Registrar of the Co-operative Societies under the Act. (Manipur Co-operative Societies Act (14 of 1976), Section 97, 2 (25) 3, 91, 95 and 96).
A.I.R. 1985 Gauhati 88 = 1984 (2) Gau. L.R. 219
-Statutory duty of Secretary of Tribunal is to issue notice and give reasonable opportunity to appellant, of showing that appeal was filed within time. (Kerala Co-operative Societies Rules, 1969, Rule 100(3).
1979 Ker. L.T. 894
-Arbitration proceeding-New ‘office-bearers substituted-Competent to file appeal against the award. (Karnataka Co-operative Societies Act, 1959, Section 117).
(1980) 2 Kant. L.J. 101
-Appeal against order confirming auction sale passed by Assistant Registrar is maintainable. (Karnataka Co-operative Societies Act, 1959, Section 101 (2)).
1978 (2) Kant. L.J. 13
-Scope of appeal against order of Registrar, removing committee of Society (Karnataka Co-operative Act, 1959, Sections 1906 (1) (e) and 2 (a)).
A.I.R. 1979 N.O.C. 201 (Karnataka).
-Order under Section 29-C-Appeal from only lies to the State Government. (Karnataka Co-operative Societies Act, 1959, Section 106 (1) (d-1) ; (2) (a).
(1979) 2 Kant. L.J. 50
-Order of the District Judge under Section 42 (5)-Order is open to appeal-Revision not cempetent. (Patiala Co-operative Societies Act (2 of 1912), Section 42 (5) (a)).
A.I.R. 1953 Pepsu 158 = I.L.R. (1953) Patiala 40
-An appeal to Co-operative Tribunal against an award passed by consent of parties, was not maintainable under Section 123. (Rajasthan Co-operative Societies Act. (13 of 1965), Section 123).
A.I.R. 1977 Rajasthan 233 = 1977 Raj. L.W. 136 = W.L.N. 84
-State Government’s power to frame rules under Section 43 (1) in regard to appeals not restricted. (Co-operative Societies Act, 1912, Section 43 (1) and (2), Clause (s)).
A.I.R. 1962 Allahabad 439
-Award by Deputy Registrar-Society not filing appeal-Award becomes final. (Madhya Pradesh Co-operative Societies Act, 1961 Section 55).
(1975) 11 Co-op. L.J. 115
-Appeal lies against decision of Deputy Registrar under Section 67. (Madhya Pradesh Co-operative Societies Act, Section 67).
A.I.R. 1971 Madhya Pradesh 16
-Only sub person who in fact goes up in appeal under Section 21 (3) or 21 (4) or Rule 81 (i) can be granted relief and person not aggrieved by order appealed against is not entitled to any relief. (Co-operative Societies Act, 1912, Section 43 (1)).
1969 Cur. L.J. 96
-’Decision of the Registrar-Appeal lies to State Government under Section 77 (1) (b). (Madhya Pradesh Co-operative Societies Act, 1961, Section 77 (1) (b).
1966 M.P.L.J. 421
-Registrar has a right to hear appeal from the award of the arbitrator. (Co-operative Societies Act, 1912, Section 43 and Rule 31).
1960 Nag. L.J. (Notes) 75
-Wrong decision-Appeal lies to Registrar. (Co-operative Societies Act, 1912, Section 43).
A.I.R. 1926 Bombay 352
-Where an appeal lies against an order passed under the Act, review under Section 135 (1) is not maintainable. (Bengal Co-operative Societies Act (21 of 1940), Section 133-A (4)).
(1976) 2 Cal. L.J. 135
-Mysore Co-operative Tribunal constituted under the new Act and not Registrar under repealed Act is competent to entertain the appeal. (Mysore Co-operative Societies Act (52 of 1948), Section 70, 71 (1) (c) and 105), and (Coorg Co-operative Societies Act (2 of 1936), Section 51).
(1969) 1 Mys. L.J. 610 = (1969) 5 Co-op. L.J. 163 = (1969) 18 Law. Rep. 213 –
Order of Deputy Registrar superseding managing Committee of Society-Appeal against lies to joint Registrar. (Mysore Co-operative Societies Act (11 of 1959), Sections 2 (1) and 2 (4) and (5)).
(1970) 1 Mys. LJ. 530
-Right is a statutory right-Legislature may or may not provide remedy of right of appeal. (Punjab Co-operative Societies Act, 1961).
1976 P. L.J. 302
-Appeal-Condonation of delay-Explanation given in the appeal not considered-Order quashed-Direction given to decide the matter afresh in accordance with law. (Punjab Co-operative Societies Act, 1961 Section 68).
1983 (1) All India Land Laws Reporter 329
-The period of limitation in filing the appeal against a decision under Section 102 would run from the actual date of the knowledge of the said decision. (Gujarat Co-operative Societies Act (10 of 1962), Section 102).
A.I.R. 1977 Guj. 186 = (1977) 13 Co-op. L.J. 172 = 19 Guj. L.R. 20
-Tribunal dismissed the appeals on the ground of limitation-Effect was to confirm the original order. (Gujarat Co-operative Societies Act (10 of 1962). Section 150 (9).
A.I.R. 1972 Guj. 1 = I.L.R. (1971) Gujarat 735 = (1972) 13 Guj.L.R. 221
-Appeal provided against order-Order must be speaking order and should contain full details of facts in order to enable Appellate Authority to come to conclusion whether order made correctly or not.
(Punjab Co-operative Societies Act, 1961).
1977 P.L.J. 24
-The words ‘suit’ or ‘other legal proceeding in Section 48 would not include an appeal, and therefore, no leave from the Registrar to file the appeal was necessary.(Madras Co-operative Society Act (6 of 1932), Section 48).
A.I.R. 1954 Madras 935 = (1954) 2 Mad. L.J. 279 = 1954 Mad. W.N. 403
-The order passed under Section 49 (2) must be construed, notwithstanding the order not having been passed in a suit to be a decree within the meaning of Section 2 (2), Code of Civil Procedure. Therefore, only a regular appeal under Section 96, Code of Civil Procedure, can be preferred against the order of the District Court.(Tamil Nadu Co-operative Societies Act ( 6 of 1932), Section 49 (2).
1975 Co-op. L.R. 52 = (1974) 87 M.L.W. 341
-Order of Dy. Registrar, exercising powers of Registrar in appeal under S. 68 (h)-order-(Sec. 69, Punjab Co-operative Societies Act, 1961).
1974 Co-op. L.R. 123
-No specific provision for forum of appeal in case where dispute arises between a primary Society and one which is not. (Andhra Pradesh Co-operative Societies Act, 1964, Section 75).
(1975) 2 Andh. W.R. 463 = (1975) 2 A.P.L.J. 346
-Appeal lies against an order of supersession of Committee. (Andhra Pradesh Co-operative Societies Act, 1964, Section 76 (2)).
(1970-71) 6 Co-op. L.J. 15
-No effect on rule of law laid down by Division Bench in 1973 P.L.J.462, that revision against appellate order of Assistant Registrar under section 69 can be only heard and disposed of by Deputy Secretary to Government exercising powers of State Government. (Section 3 (5) Punjab Co-operative Societies Act, 1961).
1977 P.L.J. 484
-Bye laws can provide for an appeal against dismissal etc.-Bye-law can be enforced and employee can be re-instated.(Section 8, Punjab Co-operative Societies Act, 1961).
1982 All India Land Laws Reporter 628
-Appeal against an award lies to the Tribunal. (Kerala Co-operative Societies Act, 1969, Section 82).
I.L.R. (1980) 2 Kerala 9
-Any member of the Co-operative Tribunal can entertain an appeal and pass interin order staying the proceedings. (Kerala Co-operative Societies Rules, 1969, Rule 109).
(1971) 7 Co-op.L.J.228 (Kerala)
-Appeal against am award dismissed on the ground that the appeal was barred by limitation-Award must be considered to have been made the ‘subject matter of the appeal’. (Kerala Co-operative Societies Act, 1969, Section 84).
1980 Ker. L.T.361
-Order removing the Committee and appointing a new Committee or an administrator under clause (a) or (b) is a composite order and not two separate and independent orders. Once it is held that an order removing the committee and appointing a new Committee or an administrator to manage the affairs of the Society made by the Registrar under Sub-section (1 of Section 30 is one composite order, then that order is covered by the appeal provided under sub-section (1) (e) and such an appeal would lie to the State Government under sub-section (2) (a) of Section 106 of the Act. (Karnataka Co-operative Societies Act, 1959, Sections 30 (1). 106 (1) (e) and (2) (a)).
A.I.R. 1979 N.O.C. 201 (Kant)
-An order of the Assistant Director amending the bye-law of a Society which was passed in pursuance of Section 16 (5) of the Act, is appealable to the Registrar of Co-operative Societies whose power is, in this case, exercised by the Director of Fisheries and a revision lies therefrom to the Government. (Andhra Pradesh Co-operative Societies Act (7 of 1964), Sections 16 (5), 76 (2) and 77).
A.I.R. 1982 Andhra Pradesh 53
-Constitution of Tribunal to hear appeals-Provision is not repugnant to the provisions of the Arbitration Act, 1940. (Kerala Co-operative Societies (Amendment) Act (38 of 1971), Section 81).
I.L.R. (1974) 1 Ker. 97
-No appeal revision lies against decision of Registrar under Section 107 (3)). (Karnataka Co-operative Societies Act, 1959, Section 105).
I.L.R. (1975) Kant. 1641
-Order under Section 29.C-Appeal from only lies to the State Government. (Karnataka Co-operative Societies Act, 1959, Section 29-C).
(1979) 2 Kant L.J. 50
-Appeal to Tribunal against award of Registrar’s nominee-Tribunal deciding reference made by Registrar as incompetent-Civil Court could decide question afresh whether it had jurisdiction to try suit. (Mysore Co-operative Societies Act (52 of 1948), Section 70 (1) (b)).
(1967) 10 Law. Rep. 805 (Mysore)
-The power to appoint, suspend or dismiss al salaried servants of the Club enumerated in the bye-law 26 (ii) of the Bye-laws of the Jamshedpur Co-operative Flying Club Ltd. framed by the Society is clerarly referable to Rule 33. Bye-law 26 (ii) cannot have a different meaning from the one given to Rule 33. No appeal lies to the State Government against the decision of the Registrar given under Section 48 of the Bihar and Orissa Co-operative Societies Act, 1935. (Bihar Co-operative Societies Rules, 1959 Rule 33).
1969 Lab. I.C. 499 = 1969 B.L.J.R. 986
-Order of amalgamation by Assistant Registrar during pendency of appeal-Remedy against amalgamation lay with appellate authority and not in High Court. (Bihar Co-operative Societies Rules, 1959, Rules 32 and 39).
(1970-71) 6 Co-op. L.J. 51 = 1969 B.L.J.R. 309
-Order returning application to set aside ex-parte decision with direction to file before higher authorities is appealable. (Mysore Co-op. Societies Act (52 of 1948), Section 71 (1) (b) and 105 (b)).
(1970) 2 Mys. L.J. 283
-Appeal against order Section 27-Appeal lies under Section 68. (Sec. 68, Punjab Co-operative Societies Act, 1961).
1977 P.L.J. 24
-Order passed by Liquidator-Approval by Registrar u/s 59 (2) (b) essential-Deemed to be order of Registrar-Appeal lies to Government.
(Sec. 68, Punjab Co-operative Societies Act, 1961).
1976 P.L.J. 195
-Appeal-consent of parties confer appellate jurisdiction. (Sec. 68, Punjab Co-operative Societies Act, 1961).
1974 Rev. L.R. 49
-Appeal-Power to heat-Consent cannot confer appellate jurisdiction. Held, that the power to hear appeals the order passed by the authorized registrar has been conferred by the statute on a specific authority-Mere consent cannot confer appellate jurisdiction on another authority. (Sec. 68, Punjab Co-operative Societies Act, 1961).
1974 Rev. L.R. 49
-Appeal can be treated as revision and similarly-Revision can be treated as appeal. (Punjab Co-operative Societies Act, 1961).
1973 P.L.J. 525
-Appeal against award-Separate loans lumped together in one reference-Held that Appellate authority can uphold award in respect of a part of it and it is not necessary to set aside the Award as a whole. (Sec. 68, Punjab Co-operative Societies Act, 1961).
1975 P.L.J. 42
-Appeal against the order of Assistant Registrar lay to Dy. Registrar and not to Dy. Secretary-Standing order dated, July 8, 1973 do not confer on Dy. Secretary the power to hear and dispose of appeals against the order of Assistant Registrar. (Sec. 68, Punjab Co-operative Societies Act, 1961).
1976 P.L.J. 506
-Co-operative Societies Rules, Rule 18 (d)- Arbitrator appointed by Registrar-Appeal against award of Arbitrator lay to Registrar-Incorrect to say that as Arbitrator appointed by Registrar himself he could not sit in Judgment over award of Arbitrator-Registrar if himself act as arbitrator then his power of appeal would be ousted. (Sec. 30, Punjab Co-operative Societies Act, 1961).
1979 P.L.J. 353
-Appeal against dismissal-Maintainability of before Registrar. Petitioner dismissed from service by Co-op. Marketing Society-Appeal to Registrar, Co-operative Societies against the impunged order of dismissal-No power of such appeal in the Act and Rules-Appeal not maintainable-Appeal proceedings before Registrar quashed. (Sec. 68, Punjab Co-operative Societies Act, 1961).
1980 (3) S.L.R. 117
-Order in appeal passed mechanically without giving opportunity to the management of the Society to know the contents of the reports, the order was liable to be set aside. (Andhra Pradesh Co-operative Societies Act, 1964, Sections 76).
I.L.R. (1973) Andhra Pradesh 413
-Rejection of appeal by Government without assigning any reasons is illegal. (Andhra Pradesh Co-operative Societies Act ( 6 of 1932), S.44 (2)).
1968 Serv. L.R. 812 = (1968) 2 Andh. W.R. 242
-No appeal provided against the order of Registrar under Section 8 of Section 13 Provision is not arbitrary. (Section13 (8), Punjab Co-operative Societies Act, 1961).
1976 P.L.R. 564
-District Judge has no jurisdiction to entertain appeal against refusal of Registrar to make enquiry and order payment under Section 49 (1) against employee. (Mysore Co-operative Societies Act (52 of 1948), S. 49 (2) & 7)
A.I.R. 1955 N.U.C. (Mysore) 1235
-Right of appeal has no jurisdiction to entertain appeal against refusal of Registrar to make enquiry and order payment under Section 49 (1) against employee. (Mysore Co-operative Societies Act (52 of 1948), S. 49 (2) & 7).
A.I.R. 1955 N.U.C. (Mysore) 1235
-Appeal against decision of Registrar’s nominee-Decision not communicated-Effect. (Gujarat Co-operative Societies Rules, 1965, Rule 41 (4).
A.I.R. 1977 Gujarat 186
-Registrar passing orders under Section 49 (1), Madras Act-Aggrieved parties allowed to file appeals to State Government under Section 70 Orissa Act. (Co-operative Societies Act (11 of 1952), Section 70).
(1970) 36 Cut. L.T. 391
-Right of appeal is available to person accused and not to society. (Mysore Co-operative Societies Act (52 of 1948), Section 49 (2)).
A.I.R. 1955 N.U.C. (Mysore) (1235)
-District Panchayat exercise the powers of Registrar under Section 9 of the Co-operative Societies Act, particularly those powers which are exercisable by District Registrar, Co-operative Societies and the Assistant District Registrar, Co-operative Societies as conferred on them by the Registrar and, therefore, the appeal from orders in exercise of such powers would lie to the Registrar since they are in fact and substance the powers exercisable by the District Registrar or Assistant District Registrar of Co-operative Societies under the Gujarat Co-operative Societies Act. Secondly, the power of the Registrar to hear appeal under Section 153 has not been transferred to Jila Panchayat. As a matter of fact item 3 of the Schedule to the said notification is pertaining to the transfer of powers of Registrar under Section 24 of the Gujarat Co-operative Societies Act. (Gujarat Co-operative Societies Act (10 of 1962), Sections 9, 153 and 156).
A.I.R. 1982 Gujarat 154 = 182 Guj. LH 37 = 1983 (1) Guj. L.R. 657
-It the State Government had intended to delegate the powers of the Registrar of Co-operative Societies to hear appeals to the District Panchayat from the orders of the District Registrar or Assistant District Registrar provided in Section 153 (1) (b), the notification would have certainly included that power with reference to the relevant section of the Gujarat Co-operative Societies Act.(Gujarat Co-operative Societies Act (10 of 1962), Sections 9, 153 and 156).
A.I.R. 1982 Gujarat 1954 = 1982 Guj. L.H. 37 = 1982 (1) Guj. L.R. 657
-An appeal against the order passed under Section 36 is provided under clause (e) of sub-section (6) of Section 123 of the Rajasthan Act, within 60 days from the date of such decision or order. The petitioner society did not avail of such remedy and thus it has no right to challenge the order dated 9th Jan. 1979, passed under Section 36 on merits by invoking an extraordinary jurisdiction of this Court under Article 226 of the Constitution. (Rajasthan Co-operative Societies Act (13 of 1965), Sections 36, 123 (9)).
A.I.R. 1982 Rajasthan- 205