Monday 30 December 2013

CASELAWS REPORTED IN ALL INDIA COOPERATIVE LAW DIGEST - PART 5

PLEASE NOTE THAT THESE CASELAWS ARE NOT CORRECTLY PROOFREAD WITH ORIGINALS. SO KINDLY MAKE SURE THAT THEY MATCH WITH THE ORIGINALS



Communication
-Limitation-A mere communication that the decision would be made on a certain date and the party does not appear on that date does not amount to communication of the decision itself. (Bombay Co-operative Societies Act, 1925, Section 64 (1) (a) and (2)).
1962 Nag. L.J. (Notes) 72 (Mysore)
-Although the pronouncement of the decision must be preceded by a notice under Rule 35 of the Bombay Co-operative Societies Rules, 1927 after that notice informing the party of the date of the pronouncement of the decision is served on him; the communication of the decision actually made is equally obligatory by some method which, in the circumstances, could be regarded as reasonable. (Bombay Co-operative Societies Act, 1925, Sections 64 (1) and (2)).
(62) 40 Mys. L.J. 687
-Under Rule 245 the Registrar is bound to communicate the award to the party, the dispute with whom led to the making of an application for reference. (Uttar Pradesh Co-operative Societies Rules, 1968, Rule 245).
1978 All W.C. 287 = 1978 All. L.J. (NOC) 11
-Before a decision can amount to an order it must be communicated to the person concerned. (Bengal Co-operative Societies Act (21 of 1940), Section 89).
A.I.R. 1976 Calcutta 408 = (1976) 12 Co-op. L.J. 255
-Limitation commences from the date of communication of order. (Kerala Co-operative Societies Rules, 1969 Rules 68, 98).
1979 Ker. L.T. 894
-Parties absent at the time of pronouncement of award-Period starts from date of communication of award under Rule 68. (Kerala Co-operative Societies Rules, 1969, Rule 68).
A.I.R. 1980 Kerala 227 = (1980) 16 Co-op. L.J. 17 (Part 3). = 1980 Ker. L.T. 520
Summary of Report-Communication of-Notice to all the members of the Society is not contemplated by the Act or the Rules. Person managing the affairs to be intimated. (Sec. 50 (4), Punjab Co-operative Societies Act, 1961).
1973 P.L.J. 525

Compliance With Bye-Laws
-The Society joining the dispute on the member’s undertaking to bear the expenses by itself cannot run counter to the existing interest of the Society in the flat and its obligation to ensure compliance and observation of the bye-laws and regulations in this behalf. The fact thus that a member happens to be a co-disputant or non-disputant turns out to be a beneficiary thereof even when he happens to be himself guilty of the breach of the bye-laws, cannot make any difference whatsoever. We must hasten to add that the averments in the present case show that occupation by the licensee was necessitated due to the exigencies of the employment of the member’s husband and that such occupation was with the permission of the Society. This implies that the member herself is not guilty of any breach of the bye laws. Breach by the member also cannot be said to be an ingredient of the cause of action in every such case. (Maharashtra Co-operative Societies Act (24 of 1961), Section 91).
A.I.R. 1982 Bombay 428 = 84 Bom.L.R. 177

Completion of Election Process
When the number of the members to be elected to the committee of management is fixed and candidates in excess of the fixed numbers are desirous of seeking office, the democratic process postulates holding of elections. Mere holding of poll which means recording of votes without anything more would be inconsequential. It is the counting of votes and the consequent declaration of result showing who amongst the contesting candidates has secured highest number of votes or large number of votes which would determine who has become eligible for office by the democratic process. Therefore, recording of votes is a preliminary stage, the counting of votes and declaration of result are integral and inseparable part of process of holding and completing the process of election. No election process can be said t be complete unless the votes are recorded, they are counted and those who have secured highest number of votes are declared elected and the result is published, as required by the relevant provision. (U.P. Co-operative Societies Act, 1966, Section 29 and U.P. Co-operative Societies Rules, 1968, Rules, 444, 445, 439).
A.I.R. 1982 Supreme Court 831 = 1982 All. L.J. 354 = 1982 (1) Sec. 671

Compulsory Amalgamation
-Compulsory amalgamation-Rule can provide for such amalgamation. (Bihar and Orissa Co-operative Societies Act, 1935, Section 61).
A.I.R. 1968 Patna 211
Constitutionality of-Compulsory amalgamation-Philosophy and concept of co-operative movement is impregnated with the public interest and amalgamation when in the interest of co-operative societies is certainly in public interest- Co-operative Society is corporation a commonly understood-Society is a body corporate having perpetuated succession and a common seal with power to hold property, enter into contracts institute and defend suits and to do all things necessary-They are created and controlled by statute-There can be no objection to statutory interference on ground of contravention of individual rights of freedom of association. (Punjab Co-operative Societies Act, 1961, Section 13, sub-section (8) to (12) (as in Punjab State).
1985 (2) All India land Laws Reporter 236

Complaint
-The prosecution is not bound to confine itself to a complaint under Section 137 (1) (a) and (b) when a graver offence under Section 420 has been committed. (Orissa Co-operative Societies Act (2 of 1963), Sections 138, 137 and 51).
(1968) 34 Cut. L.T. 138
-Registrar cannot convert complaint under Section 73 into complaint under Section 71). (Tamil Nadu Co-op. Societies Act (53 of 1961), S. 71).
(1974) 9 Co-op. L.J. 128 (Madras)
-Assistant Registrar can file complaint against Secretary under Sections 406 and 409, Penal Code, for misappropriation of funds of Society. (Bihar and Orissa Co-operative Societies Act, 1935, Section 40).
1974 Co-op. L.R. 345 = 1973 B.L.J.R. 427 = (1974-75) 10 Co-op. L.J. 33
-Whenever a complaint is made before a Court that some principle of natural justice has been contravened, the Court has to decide whether the observance of the rules of natural justice depends upon the nature of the statutory power, the type of control which the Government wants to exerc and the character of the rights of the persons affected thereby. (Karnataka Co-op. Societies Act, 1959, Sec. 54).
(1973) 2 Mys. L.J. 43

Common Seal
-Co-op. Society after its registration acquires common seal and has perpetual succession. It is a body corporate-Appeal-Legal proceeding at the instance of the Society can be taken by a person authorised by a resolution by the Society.
1980 All India Land Laws Reporter 112

Company
-A company incorporated under the Companies Act is not created by the Companies Act but comes into existence in accordance with the Act. There is thus a well marked distinction between a body created by a statute and a body which, after coming into existence, is governed in accordance with the provisions of a statute. (Bombay Co-op. Societies Act, 1925, Sec. 10, 23).
A.I.R. 1981 Supreme Court 1395 = 1981 Cri. 871 = 1981 (3) S.C.C. 431

Completion of Tenure
-The Explanation in Sec. 28 (1-a) introduced by amendment refers to normal course of events i.e. where the elected body is put into office and provides the manner of computation of the period of tenure with reference to entering into office. The purport of the Explanation is to legislatively indicate the time for computation of the period of 4 years which is the statutory term fixed by amendment. It cannot cover cases where the elected body is kept out of office under orders of the Court, Applying the Explanation to such a case is bound to create both confusion and hardship. It could not have been the intention of the legislature in providing the Explanation to that away the right of the elected body to be in office and the term to expire even though not for a single day the elected Board would have been in office. The legislature on the other hand clearly intends that the newly elected body is to function and the calculation in the Explanation is from the angle of vision of the functional approach. As such where there is an order of stay arising out of a dispute and the successful Board is kept out of office, that period cannot be taken into account in determination of statutory term of 4 years. (Orissa Co-op. Societies Act (2 of 1963), Sec. 21 (1a) expln. as inserted Orissa Co-op. Societies (Amendment) Ordinance (4 of 1981).
A.I.R. 1983 Orissa 105 = 1983 (19) Coop. L.J. 171

Computation of Time
-Where an order is passed by a statutory authority of which no notice has been given to the party affected, for the said party to agitate against that order; he must come to know of it so as to enable him to take the appropriate proceedings to vindicate his rights. If a statutory authority passes an order without putting the party to be affected on notice of the pronouncement of the order and keeps it in its file without either communicating the same to the party affected or furnishing a copy of the same suo moto, it will be highly unfair and offending al senses of equity and fairplay to interpret any rule of law with regard to the limitation of time and hold that time for agitation by the party affected must run from date of the order of which the concerned party had no notice at all. In the absence of salutary provisions found in the Civil Procedure Code, and in the absence of express rules governing the proceedings of the statutory authorities, any computation of time with reference to agitation against any order passed by any such statutory authority must definitely run only from the date of the knowledge of the said order by the said party either actually or constructively. (Tamil Nadu Co-op. Societies Rules, 1963, Rule 73 (3).
A.I.R. 1981 Madras 295 = 1981 (94) Mad. L.W. 324

Commercial Activity
-The phrase ‘in pursuance of the business of the Society’ in the sec. cannot only refer to the commercial activities of the Bank, but it also includes within its sweep the affairs, functions and activities of the Rank. (Orissa Co-op. Societies Act (11 of 1952), Sec. 128).
(1976) 2 Cut. W.R. 896 = 1977 Lab. I.C. 786 = 43 Cut. L.T. 119

Common Good Fund
-The common good fund could be utilized within the area of operation of the bank for any charitable purpose as defined in Sec. 2 of the Act, 1980.
A.I.R. (1977) Andhra Pradesh 246

Committee
-Registrar appointing a body to look after work of society is not a ‘committee’. (Andh. Pradesh Co-op. Societies Act, 1964, Sec. 32 (7) (a)).
(1980) 1 Andh. W.R. 78
-Under Sec. 34. the Committee can be superseded if it is not functioning properly or willfully disobeys or willfully fails to comply with any lawful order or direction issued by the Registrar. (Andhra Pradesh Co-op. Societies Act, 1964, Sec. 32 (7) (a) and 34).
A.I.R. 1977 Andh. Pradesh 274 = (1977) 2 Andh. W.R. 341 = (1977) 2 APLJ (H.C.) 1
-The definition of ‘Committee’ in Sec 2 (b) makes it absolutely clear that, by whatever name a Society may be called, the Collector can exercise the powers conferred upon him under S. 34. (Andh. Pradesh. Co-op. Societies Act (7 of 1964), Sec. 2 (b), 34).
A.I.R. 1975 Andh. Pradesh 134 = (1975) 11 Co-op. L.J. 73 = (1974) 2 APLJ 322
-Under Sec. 36, in place of the Administrator appointed under Clause (a) of sub-Sec.36 in place of the elected committee of management of a Society, a committee of management can be nominated only for the remained period of the term of the elected committee. This period can be further extended for a period not exceeding one year, as may be specified in the order. Thus, the period of the nominated committee under Sec. 36 (1) (d) and its proviso can, in no case, extend beyond the remainder period of the committee under clause (d) of sub-sec. (1A), plus the period not exceeding one year, up to which extension may be granted. Further, under Sec. 139, the Government may,  be general or special order exempt any Co-op. Society or any class of Societies from the provisions of the Act or may direct that such provisions shall apply to the societies aforesaid with such modification, as may be specified in the order. (Rajasthan Co-op. Societies Act (13 of 1965), Sec. 36 (1A) (c) and (d) proviso and 139).
A.I.R. 1983 Raj. 29 == 1982 W.L.N. 201 = 1982 Raj. L.R. 589
-Registrar of Co-op. Societies can nominate members on Committee of management under Sec. 31. (Kerala Co-op. Societies Rules, 1969, Rules 37, 43).
1979 Ker. L.T.874
-More than one Government servant can be members of Committee of Management. (U.P.Co-op. Societies Act (11 of 1966) Sec. 34 Proviso).
1980 All. L.J. 878
-Where the Government by an order under Sec. 139 took powers to nominate non-officials as Chairman or members but the order did not say that the provisions of sub-sec. (1A), clause (a), (d) (e) and sub-sec. (4) of Sec. 36 will apply with modifications, if so, with what modifications, and nominated the Chairman and members of the Committee of a Co-op. Society after expiry of the term of the elected committee plus one year thereafter, the order was without jurisdiction as the order did not specify that clause (c) and (d) of sub-sec. (1A) of Sec. 36 will apply to the class of Societies as contained in the order with the modification that a committee can be nominated or chairman or members can be nominated for any period whatsoever. (Raj. Co-operative Societies Act (13 of 1865), Sec. 36 (1A) (c) and (d), Proviso and 139.
A.I.R. 1983 Raj. 29 = 1982 W.L.N. 201 = 1982 Raj. L.R. 589

Collection of Moneys
-The expression ‘touching the business of the Society’ in Section 51(1) of very wide import and since the collection of money due to it is part of the business of a Society. The dispute as to whether the collection was proper or not obviously touches the business of the Society. (Madras Co-operative Societies Act (6 of 1932), Section 51 (1)  (c).
1968 Ker. L.R. 361

Colourable Legislation
-Act is not a piece of colourable legislation. (Uttar Pradesh Co-operative Societies Act (11 of 1966), Preamble).
A.I.R. 1972 All. 159 = I.L.R. (1971) 2 All. 417 = 1971 All. L.J. 943

Colourable election
-Colourable election must mean an election within the meaning of the statute or an election which was not held under the Act or the subsisting election law. (Andhra Pradesh Co-operative Societies Act, 1964, Sections 32(5) and 127).
(1967) 2 An. W.R. 26

Collateral Proceedings
-If a Tribunal or a Court lacks in initial jurisdiction there can be no doubt that any decision given in such a dispute would be a nullity and its invalidity could be raised any where and everywhere even in collateral proceedings. (Madhya Pradesh Co-operative Societies Act, 1961, Section 55).
(1975) 11 Co-op. L.J. 115

Collector
-The definition of ‘Committee’ in Section 2 (b) makes it absolutely clear that, by whatever name a Society may be called, the Collector can exercise the powers conferred upon him under Section 34. (Andhra Pradesh Co-operative Societies Act (7 of 1964), Sections 2 (b), 34).
A.I.R. 1975 Andh. Pra. 134 = (1975) 11 Co-op. LJ 73 = (1974) 2 APLJ 322

Costs
Costs-Costs cannot be fixed at an arbitrator rate-High Court however granted costs of Rs. 500/- as the petitioner had engaged the Society in a protracted litigation for 13 years and had not paid a single installment. (Punjab Co-operative Societies Act, 1961, Sections 55 and 56).
1983 (2) All India Land Laws Reporter 256
Costs-Cost of arbitration cannot be fixed arbitrarily-Costs reduced from Rs. 1681/-to Rs. 681/-(Sec. 55, Punjab Co-operative Societies Act, 1961).
1982 All India Land Laws Reporter 322
-Even responsibility to pay the cost of an enquiry under Section 85 Maharashtra Co-operative Societies Act, disqualifies a member permanently for appointment or election as member of the committee of Society.(Maharashtra Co-operative Societies Rules, 1961, Sec. 58.
(1977) 3 U.C.R. (Bombay) 78
Costs of liquidation expenses-Only actual liquidation expenses should be recovered. (Sec. 59, Punjab Co-operative Societies Act, (1961).
1982 All India Land Laws Reporter 544
Costs-Cannot be Award without any basis-Award must show how costs calculated and on what basis cost allowed. (Rule 56, Punjab Co-operative Societies Rules, 1963).
1979 PLJ 66
Cost-Flat rate 25 per cent-Arbitrator to determine expenses incurred by parties-Registrar cannot issue direction-Costs which have been incurred in making recovery-Cannot be taken into consideration. (Rule 56, Punjab Co-operative Societies Rules, 1963).
1975 PLJ 42
Costs-Power of Arbitrator to award costs-Cannot be awarded at flat rate. (Rule 56, Punjab Co-operative Societies Rule, 1963).
1975 PLR 157
Award-Cost at flat rate-Not permissible-Expenses incurred by parties to be determined-Future interest exceeding Rs. 6/- per cent per annum-Not to be granted-Award based on compromise-Parties themselves deciding amount of costs and rate of future interest-Held that such a award cannot be challenged to be illegal. (Rule 56, Punjab Co-operative Societies Rule, 1963).
1976 PLJ 258

Cottage Industry
-Member of assessee Society manufacturing goods in their dwelling houses with raw materials supplied by Society-Society whether engaged in a cottage industry-See Income-tax Act, 1961, Section 81 (i) (b). (Co-operative Societies Act, 1912, Section 28).
1975 Tax. L.R. 853

Co-disputant
-A dispute could not be brought within the purview of Section 91 merely by the idle formality of having the co-operative housing society as a co-disputant by the process of adding it as a party or transposition. (Madhya Pradesh Co-operative Societies Act, 1961, Section 91).
A.I.R. 1975 Bombay 120 = 1975 Co-op. L.R. 93 = (1975) 11 Co-op. L.J. 90 = 76 Bom. L.R. 729

Co-operative Jurisdiction
Co-ordinate jurisdiction-Exercise of-Stay granted in absence of petitioner by Assistant Registrar exercising powers of Registrar-Application for vacation of stay order-Joint Registrar Exercising powers of Registrar Competent to re-decide the matter. (Sec. 3, Punjab Co-operative Societies Act , 1961).
1977 PLJ 194

Consultation
-Consultation with the financing Bank to which the Society is indebted-Non-observance of the provision does not ipso facto vitiate the action under Section 27. (Punjab Co-op. Societies Act, 1961, Sec. 27 (6)).
1983 (1) All India Land Laws Reporter 279
-Consultation with the financing bank to which the Society is indebted-Consultation is different from concurrence-Mere non-consultation will not render the order illegal. (Punjab Co-operative Societies Act, 1961, Section 27 (6)).
1983 (1) All India Land Laws Reporter. 279

Co-operative Society
-Tenant’s Co-partnership Society-Society is not landlord of its member or his licensee. (Maharashtra Co-operative Societies Act (24 of 1961), Section 91 & Maharashtra Co-operative Societies Rules, 1961, Rule 10(5) (b).
A.I.R. 1980 Bombay 374

Cognizance
-Sanction of Registrar under Section 148(3) is not necessary before the Magistrate can take cognizance on a private complaint of offences under Section 465 and 471, Penal Code, alleged to have been committed by a party to any proceeding before the Registrar’s nominee. (Maharashtra Co-operative Societies Act (24 of 1961), Sections 148 (3), 146 (p).
A.I.R. 1969 Supreme Court 724 = (1969) 5 Co-op. L.J. 60 = 71 Bom. L.R. 696 = 1969 Mah. L.J. 597

Co-operative Body
-The Co-operative Society being a corporate body created by the Act any provision in the Act for the exercise of supervision and control over it will be wholly outside the scope of Article 19 of the Constitution. (Bihar Co-op. Societies Rules, 1959, Rule 39).
A.I.R. 1968 Patna 211 = I.L.R. 46 Patna 1068
-A registered Co-operative Housing Society is a body corporation. (Maharashtra Co-op. Societies Act (24 of 1961), S. 36).
I.L.R. (1975) Bombay 124 = (1974) 76 Bom. L.R. 609 = 1974 Co-op. L.R. 399 = 1975 Ren. C.J. 399
-The Co-operative Society being a registered one is a body corporate and a member of the Society is a workman of the Society and a dispute raised by him or on his behalf is an industrial dispute. (Tamil Nadu Co-op. Societies Act (53 of 1961), S. 31).
1975 Lab. I.C. 1008 (Madras)

Corporation
The expression ‘corporation’ must in the context, mean a corporation created by the Legislature and not a body of Society brought into existence by an act of a group of individuals. A Co-op. Society is, therefore, on a corporation established by or under an Act of the Central or State Legislature. (Bombay Co-op. Societies Act (7 of 1925), Sections 10. 23).
A.I.R. 1981 Supreme Court 1395 = 1981 Cri. L.J. 871 = 1981 (3) SCC 431
-A corporation is an artificial being created by law legal entity entirely separate and distinct from the individuals who compose it with the capacity of continuous existence and succession, not withstanding changes in its membership. In addition, it possesses the capacity as such legal entity of taking, holding and conveying property, entering into contracts, suing and being sued, and exercising such other powers and privileges as may be conferred on it by the law of its creation just as natural person may. (Bombay Co-op. Societies Act, 1925, Sections 10, 23).
A.I.R. 1981 Supreme Court 1395 = 1981 Cri. LJ 871 = 1981 (3) SCC 431
The term ‘corporation’ is wide enough to include private corporations. But in the context of Clause (12) of Section 21 of the Penal Code, the expression ‘corporation’ must be given a narrow legal connotation, and means a corporation created by the Legislature and  not a body or Society brought into existence by an act of a group of individuals. A Co-operative Society is not a statutory body because it is not created by a statute, It is a body created by an act of a group of in accordance with the provisions of a statute. A Co-op. Society is, therefore, not a corporation established by or under an Act of the Central or State Legislature. A government employee working on deputation in a co-operative society can, by no stretch of imagination be said to be employed in connection with the affairs of the Union within the meaning of Section 197, Criminal P.C. (Bombay Co-op. Societies Act, 1925, S. 10, 23).
A.I.R. 1981 Supreme Court 1395 = 1981 Cri. LJ 871 = 1981 (3) SCC 431

Co-option
-It is the failure of the election machinery to fill in the seats which would enable the concerned authority to fill in the seats by appointment or co-option. The condition precedent to filling in reserved seats by appointment or co-option is holding of the election and failure to elect such persons would permit resort to other methods of filling in the reserved seats. (Maharashtra Co-op. Societies Act (24 of 1961), S. 73-B. 73).
A.I.R. 1984 Supreme Court 192 = 1984 Mah. Co-op. LJ 34 = 1984 Mah. LR 405
Co-option-Members of Committee failing to co-opt members from weaker sections of Society-Registrar to exercise authority in terms of second proviso. Government has no jurisdiction to make any co-option. (Sec. 26, Punjab Co-op. Societies Act, 1961).
1981 All India Land Laws Reporter 193
Scope-Section envisages co-option to the Committee of a Society which has individuals as its members-There being no individual member of Central or apex societies, none of their members can be co-opted. (Punjab Co-op. Societies Act, 1961, Section 26-A (2).
1985 (2) All India Land Laws Reporter 451
Registrar, Co-op. Societies giving directions to all the Societies to co-opt. two of their members to their respective committee-Validity of this direction doubted. (Punjab Co-op. Societies Act, 1961, Sec. 26-A (2).
1985 (2) All Indi Land Laws Reporter 451
Section 26 envisages co-option to the committee of a Society which has individuals as its members or, in other words, the primary Societies. There being no individual members of the Central or apex Societies, none of their members (they essentially bring Primary and Central Societies respectively)can be co-opted as members belonging to the Scheduled Caste or Backward Classes. The primary Societies do not derive their colour or caste from their representatives. The representatives of such Societies cannot make the Societies themselves as Scheduled Caste or members of the Backward Classes on account of their own being members of such Classes. The words ‘class of Societies’ as used in sub-section (1) only refer to Primary Co-operative Societies as not to Central or apex Societies. (Punjab Co-op. Societies Act (25 of 1961) S. 26-A, 15-A (1)).
A.I.R. 1985 Pb. and Har. 337 = 1985 (87) Punj. LR 516 = 1985 P L J 418

Court
-The proceedings taken by the Registrar under Section 57-A of the Act are not execution proceedings in a Civil Court governed by the Civil Procedure Code as the Registrar cannot be treated as a Court within the meaning of Section 39 of the Code. (Madras Co-operative Societies Act, (6 of 1932), Section 57-A).
A.I.R. 1950 Mad. 234 = (1949) 2 Mad. L.J. 682 = I.L.R. (1950) Madras 692 = 1949 Mad. W.N. 727
Supersession-High Court will not act as Court of appeal. (Madras Co-operative Societies Act (6 of 1932), Section 72).
A.I.R. 1970 Supreme Court 992 = (1971) 1 S.C.J. 468 = (1971) 1 M.L.J. (SC) 63 = (1971) 1 An. W.R. (SC) 63

Counter-Claim
-Whether a counter claim has to be considered a suit for the purpose of Section 76 of the Act. (Himachal Pradesh Co-operative Societies Act, 1969, Section 76).
1984 C.T.J. 155

Court Fee
Cannot be said that all normal incidents of Court-fee should be in abeyance as the Board of Revenue hearing appeals by delegation from Govt. is personals designation, when the Tribunal is competent to hear a class of appeals. (Madhya Pradesh Co-operative Societies Act, 1961, S. 71).
A.I.R. 1967 Madhya Pradesh 173 = 1966 Jab. L.J. 614 = 1966 M.P.L.J. (Notes) 180

Court Sale
Court sale-Purchaser may institute civil suit for delivery of possession. (Karnataka Co-operative Societies Act, 1959, Section 129).
I.L.R. (1977) 1 Kant. 405 = (1977) 1 Kant. L.J. 166

Co-operative Societies
The words ‘any Co-operative Society’ in Clause (viii) of Bye-law No. 25 cannot be interpreted so as to include in it the Bank also. There is no bar to the employee of the Bank who is member of a Society operating within the area of the bank to contest the election for the office of the Director of the Bank. (Maharashtra Co-operative Societies Act (24 of 1961) Section 8 & Maharashtra Co-operative Societies Rules, 1961, Rule 8).
I.L.R. (1971) Bombay 549 = 1970 Mah. L.J. 895
Co-operative Societies could be treated as a class by themselves. In order that such co-operative ventures must succeed, it is also necessary that such ventures be given reasonable protection in every possible manner. (Maharashtra Co-operative Societies Act, (24 of 1961), Sections 91 and 96 and Rules framed under).
A.I.R.1970 Bom. 201 = I.L.R. (1970) Bom. 805 = 72 Bom. L.R. 295 = (1970) 6 Co-op. L.J. 79
What is prohibited by Section 146(1) is the carrying on a ‘trade’ or “business under any name of title wherein the ward ‘co-operative’ or its equivalent in any India Language forms part. (Gujarat Co-operative Societies Act, (10 of 1962), Section 146).
(1979) 20 Guj. L.R. 361
A Co-operative Society is a  corporation as commonly understood, and the scheme of the Constitution does not make any difference. The very mention of Co-operative Societies both in entry 43 of List 1 and entry 32 of List 11 along with other corporations gave an indication that the Constitutions makers were of the view that co-operative societies were of the same genus as other corporations and all were corporations. In fact the very express exclusion of co-operative societies from entry 43 of List 1 is indicative of the view that but for such exclusion, co-operative societies would be comprehended within the meaning of expression ‘corporations’ (Punjab Co-operative Societies Act (25 of 1961), Sections 1,13 (8), 30).
A.I.R. 1985 Supreme Court 973
Proceedings before ‘Tribunal are likely to be inexpensive and expeditious. These, the Court has been in mind while considering the provisions of Section 97 or the Act, Co-operative Societies generally are small man’s institutions. Legislature intended to protect the small man and his Society against protracted and expensive litigation. (Manipur Co-operative Societies Act (14 of 1976), Sections 97), 2 (25), 3, 91, 95 and 96).
A.I.R. 1985 Gauhati 88 = 1984 (2) Gau. L.R. 219
A Co-operative Society may be defined as voluntary association of individuals combined to achieve an improvement in their social and economic conditions through the common ownership and democratic management  of the instruments of wealth. (Delhi Co-operative Societies Act (35 of 1972), Section 97 (2) (v)).
A.I.R. 1982 Delhi 470
The protection of Article 31-A (1) (c) cannot be said to be not available to Section 13 (8) of the Act as the interest of a co-operative society may not necessarily be in the public interest or for the proper management of the society. The very philosophy and concept of the Co-operative movement is impregnated with the public interest and the amalgamation of Co-operative Societies when such amalgamation is in the interest of the Co-operative Societies is certainly in the public interest or can only be to secure the proper management of the Societies. (Punjab Co-operative Societies Act (25 of 1961), Section 13(8).
A.I.R. 1985 Supreme Court 973
Co-operative Bank not being a statutory body, its employee even if irregularly dismissed, has no right to claim declaration from Court for illegal dismissal and for reinstatement. (Madhya Pradesh Co-operative Societies Act, 1961, Section 55).
1969 Jab. L.J. 689 = 1979 M.P.L.J. 631 = 1979 (2) Serv. L.R. 464
A Co-operative Bank is not a statutory body, but is only a banking corporation registered under the Act and its employee whose relations with such corporations are governed by the contractor of employment, cannot seek a remedy under Article 226. (Madras Co-operative Societies Act (6 of 1932), Sections 2 (a), 2 (c), 4, 12).
A.I.R. 1961 Ker. 123 = (1960) 1 Ker. L.R. 684 = (1960) 2 Lab. L.J. 207
Co-operative Housing Society-Allotment of plot-Allotment cannot be cancelled without giving opportunity. (Uttar Pradesh Co-operative Societies Act (11 of 1966), Section 29).
A.I.R. 1971 All. 563 = 1971 All. W.R. (H.C.) 608 = 1971 All. L.J. 1077
Co-operative Societies could be treated as a class by themselves. In order that such co-operative ventures must succeed, it is also necessary that such ventures be given reasonable protection in every possible manner. (Maharashtra Co-operative Societies Act, (24 of 1961), Sections 91 and 96 and Rules framed under).
A.I.R 1970 B0m. 201 = I.L.R. (1970) Bom. 805 = 72 Bom. L.R. 295 = (1970) 6 Co-op. L.J. 79

Co-operative Tribunal
-Interference with decision of Co-operative Tribunal by High Court-See Constitution of India, Article 227. (Madhya Pradesh Co-operative Societies Act, 1961, section 91).
I.L.R. (1975) Bom. 849
-Co-operative Tribunal has no revisional jurisdiction. (Maharashtra Co-operative Societies Act (24 of 1961), Section 3).
1966 Mah. L.J. 1145 (Bombay)
Under Section 149(9), the Co-operative Tribunal has no revisional jurisdiction against an order under Section 91. (Maharashtra Co-operative Societies Act (24 of 1961), Sections 154, 152, 149 (a), 97, 96, 95, 91(1), 3).
1966 Mah. L.J. 1145 = (1976) 69 Bom. L.R. 150
Co-operative Tribunal failed to give effect the bye-law thereby depriving the petitioner of his rights as a member of the Co-operative Bank-High Court will have undoubted jurisdiction to set right the manifest error by issue of a writ certiorari under Article 227. (Guj. Co-op. Societies Act (10 of 1962), Section 74).
(1977) 18 Guj. L.R. 692

Condonation of Delay
-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
Appellate authority’s conclusion that there was no sufficient cause to condone delay is not open to challenge in writ petition under Article 226 of the Constitution of India. (Madhya Pradesh Co-operative Societies Act, 1961, Section 77 (1)).
1976 Co-op. L.J. 113
-Registrar’s order condoning delay-Tribunal could not revise it (Guj. Co-operative Societies Act (10 of 1962), Section 96).
(1978) 19 Guj. L.R. 92
-Order of Registrar condoning delay in referring a dispute to arbitration is not appealable. (Guj. Co-op. Societies Act (10 of 1962) S. 97 (3)).
(1978) 19 Guj. L.R. 92
-Court cannot, in absence of a provision for condoning delay, extend time in its discretion. (Bombay Co-op. Societies Act, 1925, Section 27 (1) (as applied to Delhi).
A.I.R. 1973 Delhi 148 = (1971) Rajdhani L.R. 39 = I.L.R. (1972) 1 Delhi 698 = (1973) 9 Co-op. L.R. 215
Appeal- Condonation of Delay-Explanation given in the appeal not considered-Order quashed-Direction given to decide the matter afresh in accordance with the law. (Sec. 68, Punjab Co-op. Societies Act, 1961).
1983 (1) All India Land Laws Reporter 329
The provision in Section 15(1) enabling compulsory amalgamation of Co-operative Societies is protected by the Article 19(6). (Andhra Pradesh Co-operative Societies Act (7 of 1964), Section 15 (1)).
(1972) 8 Co-op. L.J. 208 = (1972) 2 An. L.T.R. 61 = I.L.R. (1972) A.P. 1140

Conditions of Service
Matters relating to condition of service of an employee of society-Cannot be raised before an arbitrator as they have no bearing on the Constitution, Business or Management of Society. (Punjab Co-operative Societies Act, 1961, Sections 55 and 56).
1985 (1) All India Land Laws Reporter 152
Qualifications for members of the committee and employees of the Society and conditions of service subject to which person may be employed by the society-Are regulated by the provisions of Sections 85-Order passed by the Registrar under Rule 10 of the Punjab Co-operative Institutions Co-operative Financing Institutions can be challenged before the authorities constituted under Section 69. (Punjab Co-operative Societies Act, 1961, Section 85 (2) (iii).
1983 (2) All India Land Laws Reporter 372
It is true that under Section 15(4) read with Section 15(7) of the Karnataka Shops and Commercial Establishments Act, 1961, the petitioner could have accumulated altogether 30 days of leave. But by virtue of Section 35 of that Act, petitioner is entitled to the liberal conditions of service regarding leave contained in Rule 18(3) (iii). He could accumulate earned leave up to four months and that right is specifically saved to him under Section 35 of the Act. (Kar. Co-op. Societies Rules, 1960, Rule 18 (3) (iii).
1976 (2) Lab. L.N. 383 = 1976 Lab. I.C. 1348 = (1976) 1 Kant L.J. 330
-Basis of gratuity is total remuneration and not the basic wage of the employee. (Kar. Co-op. Societies Rules, 1960, Rule 18(4)).
(1976) 1 Lab. L.N. 387 = 1976 Lab. I.C. 988 = (1976) 1 Kant. L.J. 102
Conditions of service-Registrar by order preventing participation of Co-operative Society employees in politics, political demonstrations or election in different elected bodies-Nothing but condition of service. (H.P. Co-operative Societies Rules, 1971, Rule 56 (1)).
I.L.R. (1979) H.P.434 = 1980 Sim. L.C. 63
-The Registrar is competent under Section 33-A to lay down the qualifications, remuneration, allowances and other conditions of service of the employees of the Societies. (Orissa Co-op. Societies Act (2 of 1963), Sec. 33-A).
1975 Co-op. L.R. 17 = (1973) 39 Cut. L.T. 1307 = (1973) 2 Cut. W.R. 1695
-Dispute relating to alterations of conditions of service cannot be held to be dispute touching ‘business’ of society. (Andhra Pradesh Co-op. Societies Act, 1964, Sections 61, 16).
A.I.R. 1970 Supreme Court 245 = (1970) 1 Mad. L.J. (S.C.) 68 = (1970) 1 Andh. W.R. (S.C.) 68 = 40 Com. Cas. 206 = 1970 Lab. I.C. 285

Contempt
Interlocutory order-Assistant Registrar passed order to stay proceedings before Magistrate under Section 37 till further orders with the sole purpose to maintain status quo-No case for contempt of Court. (Rajasthan Co-operative Societies Act (13 of 1965), Section 37).
I.L.R. (1969) 19 Raj. 60 = 1969 Cri. L.J. 1193
-The question of committal or non-committal under the Contempt of Courts Act is one of the discretion of the Court and can be exercised when the High Court is fully satisfied that there has been deliberate attempt to flout the (stay) order of the High Court. That will depend on the facts of each case, the nature of the order and the act complained of . But without initiating a proceeding for contempt, the High Court can quash any order or proceedings for the meeting) done in disregard of such orders which may also tantamount to contempt. It is very difficult to accept this extreme proposition that the acts done in defiance of Court’s order can only be dealt with under the Contempt of Courts Act where a complete machinery is provided for, and in no other manner. The Act does not put any bar. (Bihar & Orissa Co-operative Societies Act (6 of 1935), Section 14(2)).
A.I.R. 1983 Patna 8 = 1983 (19) Co-op. L.J. 97 = 1982 B.L.J. 576

Consultation
Consultation conceived under Section 78 of Maharashtra Co-operative Societies Act, 1961 is intended to give an opportunity to the said society to ensure that the said Society or affiliated Society thereto are not adversely affected by the proposal to take action under Section 78 of the Act. Negligence of the management in the discharge to its duties is one of the circumstances which enables the Registrar to remove or supersede the Managing Committee. (Multi-Unit Co-op. Societies Act (6 of 1942), S. 5. B).
1978 U.C.R. (Bombay) 134
-Though the consultation under Section 72(6) must precede the actual order of supersession, it is not necessary that there ought to have been a consultation before the issuance of the show cause notice. Section 72 (6) speaks about ‘before taking any action under sub-section (1)’. The only concrete action under sub-section (1) is that of supersession. Action need not necessarily be equated to the very initiation of the proceedings under Section 72 (1) (a) by the issuance of the show cause notice. The affording of an opportunity to make representation precedes the action of supersession. But, that by itself is not the action of supersession. (Tamil Nadu Co-operative Societies Act (53 of 1961), Sections 72 (1) (a) and 72 (6)).
A.I.R. 1985 Madras 171
Appointment of administrator-Consultation with Circle Co-operative Union by the Registrar is only directory. (Kerala Co-operative Societies Act, 1969, Section 33).
A.I.R. 1972 Kerala 233 = 7 Co-op. L.J. 219 = 1971 Ker. L.J. 349
The proviso to Section 53 (1) clearly lays down the order of supersession shall not be passed without previous consultation with the Reserve Bank which indicates that consultation i a condition precedent to the exercise of power of supersession and as such mandatory. (Madhya Pradesh Co-operative Societies Act, 1961, Section 53 (1) as amended by M.P.Co-operative Societies (Amendment) Act 8 of 1970)).
A.I.R. 1972 Madhya Pradesh 160 = 1972 Jab. L.J. 435 = 1972 M.P.L.J. 796
Supersession-Consultation with the financing bank under Section 53 (7) is essential. (Madhya Pradesh Co-operative Societies Act, 1961, Sec. 53).
1976 Co-op. L.J. 130 (Madh. Pra.)
Order of supersession passed without proper consultation. (Madhya Pradesh Co-operative Societies Act, 1961, Section 53 (1) as amended by M.P. Co-operative Societies (Amendment Act 8 of 1970).
A.I.R. 1972 Madhya Pradesh 160 = 1972 M.P.L.J. 796 = 1972 Jab. L.J. 435
Consultation with the financing bank of a Co-operative Society is a condition precedent even for issue of notice to the Society to show cause against its supersession. (Orissa Co-operative Societies Act (2 of 1963), Sections 32 (1) and (4)).
A.I.R. 1979 Orissa 143 = (1979) 1 Cut. W.R. 73
Before amending bye-laws of one Society the departmental authorities are not required to consult any other Society. (Tamil Nadu Co-operative Societies Act (53 of 1961), Section 12).
(1972) 8 Co-op. L.J. 68 (Madras)
Consultation with financing bank-Resolution of bank is no substitute-Supersession under sub-section (1) on the basis of resolution without consultation is illegal. (Tamil Nadu Co-operative Societies Act (53 of 1961), Section 72 (1) (b)).
A.I.R. 1973 Madras 460 = (1973) 2 Mad. L.J. 200 = (1973) 9 Co-op. L.J. 245 = 86 Mad. L.W. 494
Consultation-Managing Committee removed under Section 78-Consulation with the Federal Society is a condition precedent but it is not mandatory; nor can it be said that consultation is an imperative condition to the extent that non-compliance with that condition would invalidate the order of removal. The order, therefore, is valid. (Maharashtra Co-operative Societies Act (24 of 1961), Section 78).
I.L.R. (1977) Bombay 2303 = 1976 Mah. L.J. 841
Consultation is not equivalent with concurrence-Mere non-consultation will not render the resultant order bad (Punjab Co-op. Societies Act, 1961)
1983 (1) All India Land Laws Reporter 279
When the financing bank was though not consulted before initiating the proceeding for supersession of a Society by issue of show cause notice but the financing bank agreed to supersession before supersession was ordered, there being compliance with condition of Section 32 (4), the High Court would not interfere with order of supersession in exercise of its discretion under Article 226 of Constitution of India when the proceedings were challenged after passing of order of Supersession. (Orissa Co-operative Societies Act, 1963, Section 32).
A.I.R. 1981 Orissa 154 = 1981 (51) Cut. L.T. 553
Consultation with the financing bank of a Co-operative Society is a condition precedent not only when the final step of supersession of the Society is contemplated but even for issue of notice to the Society to show cause against its supersession. (Orissa Co-operative Societies Act, 1963, Section 32 (1), (4)).
A.I.R. 1982 Orissa 20 = 52 Cut. L.T. 402
Supersession-Consultation with financing Bank-Issue of show cause notice without consultation is not illegal. (Tamil Nadu Co-operative Societies Act (53 of 1961), Sections 72 (1) and (6)).
A.I.R. 1976 Madras 280 = (1976) 1 Mad. L.J. 223
Sub-section (4) of Section 29 provides that before an order of supersession  made under sub-section (1) the Registrar shall consult any financing institution to which the Co-operative Society concerned may be indebted. The Registrar has consulted the Punjab National Bank to which the petitioner’s Society was indebted before the impugned order was passed by him. He has, however, consulted the Bank while the action for supersession was in process. The argument of the learned counsel for the petitioner is that sub-section (4) required the Registrar to consult the bank before had initiated the action under sub section (1). We are not inclined to agree with this contention. In a proper interpretation of sub-section (4), the true legal position is that the Registrar is required to consult the financing institution at any stage before he passed the final order of supersession under sub-section (1). We say so because the object of consultation simply is to put the financing institution on guard and have its views on the question whether the Co-operative should be superseded or not. That is obviously so because the financing institution will be as much affected by the order of supercession as the Co-operative Society in as much as the management of the society would naturally change. The intention of law is that the financing institution should have a say in this change in order to protect its interests. That purpose will be served if the financing institution is consulted before the final order of supersession is passed by the Registrar. Accordingly we are unable to read in sub-section (4) the requirement that the financing institution should be consulted before the action for supersession is initiated. (Jammu & Kashmir Co-operative Societies Act, 1960, Section 29 (1) and (4)).
A.I.R. 1981 Jammu & Kashmir 85 = 1981 Kash. L.J. 365
Consultation with the financing Bank to which the Society is indebted-Non-observance of the provision does not ipso facto vitiate the action under Section 27. Sec. 26(6), Punjab Co-operative Societies Act 1961.
1983 (1) All India Land Laws Reporter 279
Consultation with the financing bank to which the Society is undebted - Consultation is different from concurrence-Mere non-consultation will not render the order illegal.
1983 (1) All India Land Laws Reporter 279

Constitutionality
-Constitutionally of-Section squarely comes within protection of Art. 31-A (1) (c) of Constitution- Being there is shielded against all attack on the basis of Art. 14, 19 or 31 of constitution Section 13, Punjab Co-operative Societies Act, 1961).
1979 P.L.J. 129
Constitutionality of-Not ultra vires - Constitution of India Art. 14. (Sec. 67, Punjab Co-operative Societies Act, 1961).
1973 P.L.J. 738
Constitutionally of (Constitution of India, Art. 245). The provision of sub section (8) to (12) of Section 13 of the Act, as amended by the Haryana State Legislature up-to-date are not ultra vires on the ground that they suffer from the vice of excessive delegation. Section 13, Punjab Co-operative Societies Act, 1961).
A.I.R 1976 Punj. 345 -(1976) 78 Punj. L.R. 564 (1976) 12 Co-op. LJ 729
-Constitutionality of-Not ultra vires-Legislature has given sufficient guideline to Registrar for passing an order of amalgamation or division-Since no appeal has been provided against order passed under sub. Section (8)-Therefore it cannot be said that the provision are arbitrary. (Section 13, Punjab Co-operative Societies Act, 1961).
1976 P.L.J. 302
-Constitutional validity of- Provision are intra vires and not discriminatory in character Sub-section (3) provides that all arrears of loans from all such loanees have to be recovered under Section 67-A and that it is neither open to Co-operative Society to refrain from moving under sub-section (1) nor open to Registrar not to proceed under Section 67-A- Question of discrimination between our debtor and another debtor of same class does not arise.(Sec. 67-A, Punjab Co-op. Societies Act, 1961).
1975 P.L.J. 462
Constitution validity of-Ultra vires - Violative of Art. 14 of the Constitution (Sec. 63, Punjab Co-operative Societies Act, 1961).
1975 P.L.J. 161
Co-operative Society Registered under Punjab Co-operative Societies Act-A society which has been clothed with legal personality must squarely fall within the term corporation-Section 30 of the Co-operative Societies act clothes a Society registered under the act with all the hall marks of a corporate personality-Society is a body corporate having perpetual succession and a common seal along with the power to hold property and enter into contracts. (Punjab Co-operative Societies Act, 1961).
1979 P.L.J. 129
Pre-requisite for invoking bar under Act 31-A (1) (c) could be whether amalgamation in the sub-Sec. 8 to 12 of Sec. 13 provide for public interest or proper management-May exist in the alternative-If either one of the condition satisfied-Comes within protection of Article 31-A-Beyond pale of challenge under Articles 14 and 19. (Punjab Co-operative Societies Act, 1961).
1979 P.L.J. 129
Constitutional Validity of-Section 67 A challenged as being ultra vires of Art. 14 of Constitution because these lay down a more drastic procedure for recovery of loans in favour of Co-operative Society than ordinary procedure prescribed in Sec. 55 and 56 and as there are no guidelines as to in which case or class of cases either of the procedures to be followed the persons similarly situated can be discrimated against-choice of particular mode to be adopted for recovery of amount in a particular case left with Co-operative Society or the person and not with Registrar or any other Government Authority-Move whether under sub-section (1) and (2) of Section 67A or under Section 55 and 86-Has to be made by Co-operative Society concerned-Registrar cannot proceed according to his own choice in either of these two situations-Whenever Registrar choice to move in the matter suo moto he has no option or choice to adopt any other cause for recovery of amount due to Co-operative Society and possibly cannot discriminate between different person by choosing one or the other mode of realization of amount due to a Co-operative Society-Section 67-A not violative Art. 14 of Constitution. (Section 67, Punjab Co-operative Societies Act, 1961).
1981 All India Land Laws Reporter 211
-State Legislature was competent to enact provision like Section 122-A creating centralized services. The power of the State Legislature is of widest possible amplitude and is not hedged in by any limitation on account of the words preceding ‘Co-operative Societies’ in that entry, nor is it curtailed by Entry 41 of the same list. (Uttar Pradesh Co-operative Societies Act (11 0f 1966), Section 122-A As amended by U.P. Act 12 of 1976).
1979 All L.J. (N.O.C.) 39
-Ultra vires. Constitution of India, Art. 14. S/63 (b) and (c) of the Act struck down as violative of Art. 14 of the Constitution. (Sec. 63, Punjab Co-operative Societies Act, 1961).
1973 P.L.R. 600

Continuance of Proceedings                   
Under Section 110(2), the continuance of the proceedings under the Kerala Act is directed only subject to the provisions of Sections 4 and 23 of the Interpretation and General Clauses Act (7 of 1125), Kerala Co-operative Societies Act, 1969, Section 110 (2)).
1976 Ker. L.T. 152

Continuation in Management
The question whether a member of a Committee cannot continue to be i management can form the subject-matter of a dispute between a member and the particular officer concerned. (Andhra Pradesh Co-operative Societies Act, 1964, Section 61 (b)).
I.L.R. (1974) Andhra Prad. 42 = (1974) 10 Co-op. L.J. 63 = 1974 Co-op. L.R. 358

Controlled
-”Controlled”-Scope of-where the Managing Committee of Society is elected only by its own members. Such a Society cannot be said to be under control of Govt. within meaning of Sub-section (f) of Section 2 of the Act- Words “owned controlled or managed by Govt.”-Essentially connot that the Govt. should have a majority control in Managing Committee of a Co-op. Society or a Company. (Punjab Co-operative Societies Act, 1961).
1979 All India Land Laws Reporter 370

Continuous Period
-Continuous period-Does not mean two terms-First tenure coming to an end on 26th August, 1976-Election held on 31st August, 1976-Stay order passed on 30th August, 1976, which remained in operation till 24th April, 1979 to 12th February, 1980-Six years not completed-No disqualification incurred unless six years completed-Provision to be strictly complied with (Punjab Co-operative Societies Act, 1961, Section 26 (1-8)).
1983 (1) All India Land Laws Reporter 598
Continuous Period-Does not mean two terms-First tenure coming to an end on 26th August, 1976-Election held on 31st August, 1976-Stay order passed on 30th August, 1976, which remained in operation till 24th April. 1977-Administrator appointed from 31st. August 1979 to 12th Feb. 1980-Six years not completed-No disqualification incurred unless six years completed-Provision to be strictly complied with. Sec. 26 (1-R), (Punjab Co-operative Societies Act, 1961).
1983 (1) All India Land Laws Reporter 597

Concurrent Jurisdiction
-Concurrent jurisdiction of State Govt. and Registrar to entertain application for revision. (Madhya Pradesh Co-op. Societies Act, 1961, S. 80).
1970 M.P.W.R. 326 = 1979 Jab. L.J. 385 = 1970 M.P.L.J. 398

Contravention of Bye-law
Contravention of bye-law-effect. Bye-law No. 31 (G) of Samrale Co-operative Marketing Society required that a member of the Society must sell his agricultural produce though the Society-Member seeking election to the Managing Committee sold his produce (wheat) not through the Society nut through others Rejection of nomination paper was held to be justified. (Section 8, Punjab Co-operative Societies Act, 1961).
1975 Co-op. L.R. 177

Contract
A purchase or sale across the counter has all the elements of a contract. (Andhra Pradesh Co-operative Societies Act, 1964, Section 21-A (1) (d) and Rule 24 (1) (c)).
(1974) Co-op. L.R. 355 = (1974) 10 Co-op. L.J. 70
Effect of contract by non-existent Co-operative Society, (Gujarat Co-operative Societies Act (10 of 1962), Section 37).
A.I.R. 1979 Gujarat 134
The Registrar or his nominees do not undertake any arbitration proceedings. They discharge the statutory duty and perform the function of deciding the referred dispute. The decision of the dispute by the Registrar or his nominee is not a contractual arbitration or an arbitration by agreement. It is in discharge of an obligation imposed by the statute. (Bombay Co-operative Societies Act (7 of 1925) (as extended to Union Territory of Delhi), Section 54).
A.I.R. 1982 Delhi 335 = 1982 (22) D.L.T. 87

Contract Act                    
Even if the provisions of Section 182 of the Contract Act are read in aid of construction of the word ‘agent’ as found in Section 91 (1) of the Maharashtra Act, the relationship between the parties will safely fall in the first part of that section. (Maharashtra Co-operative Societies Act (24 of 1961), Section 91 (1).
A.I.R. 1978 Bom. 273 = (1977) 13 Co-op. L.J. 224 = 1978 Mah. L.J. 59

Control of Society
Section 2 (3) leaves the control of the Society exercised by means of inspection and audit to the Registrar of the place where the branch is situated. (Multi Unit Co-operative Societies Act (6 of 1942), Section 2).
1963 Ker. L.T. 189
Contents
Legislature alive to requirement of natural justice as regards person to whom notice was necessary-Nature and extent of proposed order provided for  and government by Section 13(i)-Legislature fully conscious of the content of notice which it wished to give to the persons entitled there to-Held that it  is not necessary that copies of all material documents must be individually made and served on every Society and on every individual member or creditor thereof. Section 13, Punjab Co-op. Societies Act, 1961).
1979 P.L.J. 129
Order under-Necessary contents. If the relevant material concerning the constitution, property, rights, interests, liabilities, duties and obligations of the concerned Society or Societies as the case may be, is not made known the purpose of the provisions cannot be achieved as no effective objections and suggestions can be made by the Society, its members or creditors. (Section 13(8), Punjab Co-operative Societies Act, 1961).
A.I.R. 1976 Punj. 345 = (1976) 78 Punj. LR 564 = (1976) 12 Co-op. LJ 279

Consent
-Evidence recorded by previous Board-Last Board relying on evidence-Consent of parties given-No objection can be raised by party thereto. (Bombay Co-operative Societies Act, 1925, Section 54).
A.I.R. 1966 Supreme Court 1072 = (1963) 2 S.C. J. 176
A Chairman cannot adjourn a meeting at his own will and pleasure without the consent of the members. (Kerala Co-operative Societies Act. 1969, Section 30).
I.LR. (1967) 1 Ker. 104 = (1975) 11 Co-op. L.J. 271
Consent order if can override the right granted by rules-Right granted by Rules to take part in election-No-Held-That no restriction can be imposed on the rights granted by rules by passing a consent order on basis of compromise entered into between a few persons to a dispute. Rule 14, Punjab Co-operative Societies Rules, 1963).
1976 P.L.J

Conduct of Election
-The Registrar has no power to express views with regard to conduct of the election and regulate the voting rights by giving the members more than one vote. (U.P. Co-op. Societies Act (11 of 1966) Secs. 20, 20 and 32).
A.I.R. 1972 Supreme Court 758 = (1973-74) 9 Co-op. L.J. 78 = (1972) 2 S.C.J. 52 = (1972) 3 S.C.R. 149 = (1972) 3 Civ. App. J. 167

Conduct
Conduct of member prejudicial to interest of Society-Taking recourse to civil action against Society held not such conduct. (Kerala Co-operative Societies Rules, 1969, Rule 44 (2) (c)).
1976 Ker. L.T. 792

Conducting of Enquiry
-Enquiry-There is no prohibition from Registrar appointing one person after another to conduct enquiry. (Andhra Pradesh Co-operative Societies Act, 1964, Section 51).
A.I.R. 1977 Andh. Pradesh 307 = (1977) 13 Co-op. L.J. 81 = (1977) 2 Andh. W.R. 238

Condition Necessary
-Conditions necessary for applicability-There must be dispute touching business of Society between Society and member and latter must be interested in the dispute as member. (Bom. Co-op. Soci. Act, 1925 S. 54).
A.I.R. 1952 Bom. 445 = (52) 54 Bom. L.R. 517

Consecutive Period
The provisions of sub-section (5) of Section 73-A are in the nature of a bar against an authorised Officer continuing to be such for a consecutive period of more than six years. The provision is of a mandatory character and expressly provides that on the expiration of a period of six years, such person shall cease to  be a designated officer of a Society. (Maharashtra Co-operative Societies Act, (1960 (17 of 1961), Section 73-A (5)).
A.I.R. 1984 Bom. 81 = 1983 Mah. L.J. 719 = 1984 (20) Co-op. L.J. 144

Constitution of Tribunal
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

Constitution of Managing Committee
Notification by State Government constituting Managing Committee of seven members till further orders or till stated date-Subsequent notification issued before stated date constituting of fresh Committee excluding two previous members-Held, not illegal, (Bihar and Orissa Co-operative Societies Act, 1935, Section 4 (1).
A.I.R. 1982 Patna 35 = 1981 B.L.J. 497
Constitution of Committee of Co-operative Society found to be defective-Business transacted by it held not to be illegal. (Sec. 29, Punjab Co-operative Societies Act, 1961).
1974 P.L.J. 568

Construction of State
A statute or rule which purports to oust the jurisdiction of the Civil Court must be very strictly construed. (Co-operative Societies Act, 1912, Section 43, & Ajmer Rules Rule 18 (a) and (b)).
A.I.R. 1956 Ajmer 63

Consolidation
The preamble expressly says that the provisions of the Act are intended facilitate ‘consolidation’ of Co-operative Societies. In substance there is no difference between ‘consolidation’ and ‘amalgamation’. Hence, if the Legislature though that for the promotion of thrift, self-help and mutual aid the appropriate authority must have power to consolidate Co-operative Societies, its action cannot be challenged as invalid because it is in conformity with the preamble. (Bihar & Orissa Co-operative Societies Act, 1935, Preamble and Sections 66 (2) (ix) and 61).
I.L.R. 46 Patna 1068 = A.I.R. 1968 Patna 211
-The primary aim of the Registrar should be to promote thrift, self-help and mutual aid. If for that purpose he considers that consolidation of Societies is required, bearing in mind the financial position of the Societies and other factors, the statutory provision itself cannot be struck down as violative of Article 14 (Bihar Co-operative Societies Rules, 1959, Rule 39).
A.I.R. 1968 Patna 211 = I.L.R. 46 Patna 1068

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