PLEASE
NOTE THAT THESE CASE LAWS ARE NOT CORRECTLY PROOFREAD WITH ORIGINALS.
SO KINDLY MAKE SURE THAT THEY MATCH WITH THE ORIGINALS
Abolition of Post
Abolition of Post
-Board of Directors of Markfed (a
Co-operative Society) passing a resolution to abolish certain posts-The Board
of Directors is competent to enhance or reduce strength of any cadre governed
by Punjab State Supply and Marketing Co-operative Services (Common Cadre)
Rules. (Punjab Co-operative Societies
Act, 1961, Sections 27 and 30).
1984 (2) All India Land Laws
Reporter 55.
-Bank cannot pass a resolution
abolishing the post in order to frustrate the posting. (Karnataka Co-operative Societies Rules, 1960, Rule 17).
(1980) 2 Serv. L.R. 476 = (1980)
1 Kant. L.J. 379.
Absence
of Resolution
-Co-operative Society registered
under the Act-A body corporate-No Officer or Office holder can act on behalf of
Co-operative Society suo moto as authorization by a resolution of Co-operative
Society to somebody to file an appeal on its behalf is necessary-Absence of any
resolution authorizing President to file appeal-Appeal liable to be dismissed.
(Section
4, Punjab Co-operative Societies Act, 1961).
1980 All India Land Laws Reporter
112.
Absence
of opportunity
-Absence of opportunity is a mere
irregularity and does not render the surcharge proceeding void. (Bihar and Orissa Co-operative Societies
Act, 1935, Section 40).
1960 B.L.J.R. 49.
Absence
of Rule
-Even in the absence of the
rules, the auditor has jurisdiction to audit and the audit report cannot be
challenged as being void because of absence of the rules. (Bihar and Orissa Co-operative Societies Act, 1935, Section 33).
1960
B.L.J.R. 49.
Absence
of Notice
-Suit against society regarding
acts concerning its business cannot be entertained in the absence of notice. (Rajasthan Co-operative Societies Act (13 of
1965), Section 143).
1973 Raj. L.W. 228 = 1973 W.L.N.
6.
Absolute
Prohibition
-Rule 56 (8) expressly enacts an
absolute prohibition that in proceedings before the Registrar legal
practitioners shall n ot be entitled to appear to represent parties. (Madras Co-operative Societies Rules, 1932,
Rule 56 (8).
(1966) 2 M.L.J. 153 = 79 Mad.
L.W. 352.
Abrogation
-Section 26 does not abrogate
section 34 of Evidence Act. (Mah.
Co-operative Societies Act, 1912, Section 26).
A.I.R. 1946 Nagpur 317.
Aims
-Aim of the rules of natural
justice is to secure ends of justice-These rules can operate only in areas not
covered by law validity made. Rules do .
(Punjab Co-operative Societies
Act, 1961).
1976 PLJ 302.
Act
-The omission to pay the rent
could not be said to be an ‘act’ within the meaning of Section 70. Bomaby Co-operative Societies Act, 1925,
Section 70).
I.L.R. (1958) Mysore 582 = 37
Mys. L.J. 523.
Acts
of Omission and Commission
-Section 126-A contemplates
action against acts of commission or omission of member as an individual and
not in respect of the decision of a committee to which he was a party. (Kerala Co-operative Societies Act (11 of
1959), Section 126-A read with Sections 29-C, 30, 30-A).
A.I.R. 1985 Karnataka 202.
-The expression ‘not functioning
properly’ is wide enough to take within its ambit the acts of omission and commission
of the Committee, which lead to the inference that the committee is ‘not
functioning properly’.(Andhra Pradesh
Co-operative Societies Act, 1964, Section 34 (1).
A.I.R. 1972 Andhra Pradesh 40 =
(1971) 2 Andh. W.R. 294.
-Every act of commission or
omission amounting to a breach of duty would amount to a breach of trust. (Madras Co-operative Societies Act (6 of
1932) Section 49).
1963 Ker. L.T. 393.
Acts
after Expirty of period.
-Expiry of six months
period-Legality of Act done by the Administrator.
Held, that after expiry of six
months a period, the administrator became functus officio and he could not pass
an order in connection with the affairs of the society.
(Section 29, Punjab Co-operative Societies Act, 1961).
1974 P.L.R. 31.
Acts
of Society
-The section does not save mere
purported act of the Society of its Committee or officers. Nor does it save the
acts of a group of its officers unless such group of officers constitutes a
committee of the society. Nor is any act of the society saved by the section
against an attack on its validity on any ground other than those mentioned
above.
(Sec. 29, Punjab Co-operative Societies Act, 1961).
69 PLR 362 = AIR 1968 Punj. 178 =
1966 Cur. LJ 905.
Achievements
of Objects.
-Where the Society constructs a
building for housing its members, and the flats. Therein are intended for their
occupation only, the Society is recipient of several concessions in the matter
of allotment of plots, securing of the controlled building materials stamp duty
etc. The builders constructing buildings and selling flats as part of their
business may not be recipient of all such benefits even though they are under a
statutory obligation to form a co-operative society of such purchasers of the
flats, to ensure achievement of the same object. The ownership of the flats in
such cases vests partly in the Society and partly in the member’s who are
entitled to the possession of the flats as an incidence of their membership and
share-holding in accordance with the scheme of the bye-laws of such society.
The business of the Society in all such cases does n ot come to an end merely
on construction of the building and putting the members in possession of the
flats therein. The common problems created by co-existence of several members
in a Society’s building makes the continuance of the supervision and
intervention by the Society indispensable as also the assertion of its
ownership whenever it becomes necessary in terms of the bye-laws. The
provisions of the bye-laws requiring the members to remain in possession of the
flats and permitting possession thereof by non-members only with the permission
of the Society for a limited period, require constant supervision and interference
by the Society to prevent their evasion. (Maharashtra
Co-operative Societies Act (24 of 1961), Section 91).
A.I.R 1982 Bombay 428 = 84 Bom.
L.R. 177.
Action
of Managing Committee
-Action of Managing Committee
challenged by President as being violative of By-law-Appropriate remedy is
referenced dispute to arbitration Alternative remedy not availed of-Petitioner
held not to be legally entitled to any relief in writ petition-Constitute of
India Ar.2.6.
(Sec. 55, Punjab Co-operative Societies Act, 1961).
1977 PLJ 310.
Action
of Administrator
-Action of Administrator beyond the
period of six months of his appointment are not saved under Section 29.
(Section 26 (1-D), Punjab Co-operative Societies Act.
1961).
1974 PLJ 60.
Acceptance
of Liability
-Petitioner accepting liability
is estopped from challenging the validity of award. (Andhra Pradesh Co-operative Societies Act, 1964 Section 61).
1974
Co-op. L.J. 123 (Andhra Pradesh).
Accounts
-Date for making up accounts not
fixed-Question of default in calling general meeting does not arise. Mysore Co-operative Societies Act (11 of 1959),
Section 27 (1) and (2).
(1969) 2 Mys. L.J. 437.
Accumulation
of leave
-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 allogethr 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. (Karnataka
Co-operative Societies Rules, 1960, Rule 18 (3) (iii).
(1976) 2 Lab. L.N. 383 = 1976
Lab. I.C. 1384 = (1976) 1 Kant. L.J. 330.
Acquiescence
-Appointment made in a meeting
presided over by the Registrar, Co-operative
Societies-Registrar having acquiesced in the appointment and having allowed
the incumbent to work for thirteen years, it was not open to him to set aside
the appointment of the incumbent. (Orissa Co-operative Societies Rules,
1953, Rules 29 (d) and 34).
A.I.R. 1977 S.C. 112 = (1977) 13
Co-op. L.J. 32 = 34 Fac. L.R. 37.
Acknowledgement
-Where Sections 46 and 134 are
not applicable to a given case, the deeming provisions of Section 29 (2),
Limitation Act will be attracted and Sections 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), Sections 46, 86 and 134).
(1975) 79 Cal.W.N.573.
Accrual of Title
-A sale certificate is not an
indispensable condition or pre requisite for accrual of title in the case of a
sale held in execution of an award. (Co-operative Societies Act, 1912,
Sec. 43 (1).
A.I.R. 1950 Madras 609 = 63 Mad.
L.W. 72 = 1950 Mad. W.N. 74.
Act of Partner
-When the partner acted on behalf
of the firm and the actions were within his authority, the firm was undoubtedly
bound. (Uttar Pradesh Co-operative Societies Act (11 of 1966), Section
17).
1978 All L.J. 1304.
-Section 19 of the Partnership
Act shows that before an act of a partner can bind the firm and, therefore,
rest of the partners, it must be shown that the concerned act was done in the
usual way to carry on the business of
the kind carried on by the film. Further, the procedure of Section 22 of the
Partnership Act can pressed in service provided the basic condition for
foisting the liability on the firm and the remaining partners is established as
the requirement of Section 19 (1). If that basic requirement is not satisfied,
even though the partner complies with the procedure of Section 22 by executing
instruments in the manner provided by Section 22, is would remain an abortive
exercise.
(Gujarat Co-operative Societies
Act, (10 of 1962),
Section 96).
A.I.R. 1985 Gujarat 106 = 1985
(1) 27 Guj. L.R. 49.
-Merely because the concerned two
partners signed as sureties on behalf of their respective firms, by these acts
alone they could not bind any other partners of the firms or the firms
themselves for the purpose of answering the claim of the disputant bank. (Gujarat
Co-operative Societies Act (10 of 1962), S. 96).
A.I.R. 1985 Gujarat 106 = 1985
(1) 26 Guj. L.R. 49.
-Even though other partners of
the concerned two firms were not liable and no decree can b e passed against
the concerned two firms as such, the respective two partners who had signed the
surety bond would remain personally liable to answer the suit claim as
sureties. Decree can be passed against these two partners, even though further
relief cannot be granted against the remaining partners of the said two firms. (Gujarat
Co-operative Societies Act (10 of 1962), Section 96).
A.I.R 1985 Gujarat 106 = 1985 (1)
26 Guj.L.R. 49.
Act of Registrar.
-Mere act of Registrar,
entertaining application under Section 50A and issuing notices to concerned
parties cannot be said to be an order or decision contemplated by Section 64. (Bombay Co-operative Societies Act, 1925, Section
50-A).
I.L.R. (1965) Guj. 1127.
Acquittal
-Mere acquittal in criminal case
does not absolve liability under Act. (Orissa Co-operative Societies Act,
(11 of 1952),Section 49).
A.I.R.1984 Orissa 32 = 1984 (20)
Co-op. L.J. 124.
Act Beyond Object.
-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 it 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 & Orissa Co-operative Societies Act (6 of 1935),
Sections 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.
Action of Committee
-In this case the committee of a
Co-operative Society removed the passing no-confidence motion against him.
While the President did not take any steps to vindicate his rights, members of
the Society filed a writ petition challenging his removal. It was held that in
the absence of any case that the President had any valid reason for refraining
from instituting legal proceedings which he was entitled to if a s a matter of
fact, he had causes to feel aggrieved, the members of the Society could not be
allowed to challenging the action of the Committee thus allowing them to foist
the relief on the President which he did not want. (Kerala Co-operative
Societies Act (21 of 1969), Sections 31 (3) and 17. (Kerala Co-operative
Societies Rules, 1969, Rules 43 and 18).
A.I.R. 1983 Kerala 136 = 1982 Ker.
L.T. 602 = 1982 (18) Co-op. L.J. 172.
Act or Omission
-The date of act or omission
cannot in any sense be equated to the date of the report by an auditor. (Tamil
Nadu Co-operative Societies Act (53 of 1961), Section 73 (1) & Tamil
Nadu Co-operative Societies Rules, 1963, Rule 56 (2) Proviso).
A.I.R. 1977 Madras 70 = (1976) 2
Mad. L.J. 157 = 89 Mad. L.W. 507.
Actionable Wrong
-In order to pass a surcharge order under this section
against a person entrusted with organization or management of a Co-operative
Society, such person should have done in actionable wrong. (Tamil Nadu
Co-operative Societies Act (53 of 1961), Section 71 (1)).
(1980) 2 Mad. L.J. 17.
Additional Right
-Section 59-B confers an
additional right and there is nothing either in Section 54 and Section 59 which
suggest that this additional right cannot be availed of by the two institutions
during the pendency of proceedings under Section 54. (Bombay Co-operative
Societies Act, 1925, Sections 54, 59 and 59-B.
(1962) 3 Guj. L.R. 770.
Addition of Parties
-Arbitrator can decide between
parties to a reference - Cannot add parties-Arbitrator cannot give award
against a person who is not before him or whose name does not figure in the
reference order. (Punjab Co-operative Societies Act, 1961, Sections 55
and 56.
1983 (2) All India Land Laws
Reporter 90.
Additional Evidence
-Power of Tribunal under Section
120 is only for receiving additional evidence (Andhra Pradesh Co-operative
Societies Act (7 of 1964), Sec. 120).
1972 (8) Co-op. L.J. 124.
Additional Director
-Registrar can appoint additional
directors after election, if he so decides. See Ibid, Rule 28. (Bengal
Co-operative Societies Rules, 1942), Rule 32).
(1965) 69 Cal. W.N. 203.
-Registrar can appoint additional
directors after election. (Bengal Co-operative Societies, 1942, Rule
32).
(1965) 69 Cal. W.N. 203.
Adequate Remedy
-Petition to quash election of other
member -Remedy provided under Section 70 is adequate remedy. (Uttar Pradesh
Co-operative Societies Act (11 of 1966), Section 70).
1977 All. L.J. 836.
-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 = 1980 Ker. L.T. 520.
Administrative Power
-Powers conferred on Registrar is
administrative power is to be exercised on his subjective satisfaction. Travancore
Cochin Co-operative Societies Act (10 of 1952), Section 96).
1969 Ker. L.T. 287 = 1969 Ker.
L.J. 194.
Administrative Direction
-Administrative directions are of
binding efficacy. (Uttar Pradesh Co-operative Societies Rules, 1968, Rule
15).
A.I.R. 1977 Allahabad 395.
-Registrar of Society-Order
passed by Divisional Co-operative Officer-Order is not an administrative order.
(Andhra Pradesh Co-operative Societies Act, 1969, Section 77).
(1976) 1 A.P.L.J. 273.
Administrator
-When the Managing Committee is
superseded and Administrator is appointed under Section 35, the powers of
Managing Committee can be exercised by the Administrator. (Uttar Pradesh
Co-operative Societies Act (11 of 1966), Sections 35 122 (1) and 132 (2).
1975 Lab. I.C. 1520.
-Administrator appointed under is
subordinate to Registrar-Administrator being subordinate to Government cannot
challenge its order under Article 226 of the Constitution, (Rajasthan
Co-operative Societies Act, (13 of 1965), Section 36).
(1975) 11 Co-op. L.J. 213. = 1975
Serv. L.J. 471.
-Administrator-Appointment
of-Term coming to an end-Administrator removing a servant of the society after
the expiry of his term as Administrator-Order is illegal-Retrospective
appointment of Administrator not contemplated-Order of removal quashed. (Punjab
Co-operative Societies Act, 1961, Section 27).
1983 (1) All India Land Laws
Reporter 551.
-Administrator appointed for six
months-Term again extended for another six months or till the election of new
committee-Election of the new Committee held-administrator terminating the
service of the employees after the expiry of his term-Order is illegal,
Administrator cannot act after his term has expired-Section 29 cannot be
resorted to validate the proceedings. (Punjab Co-operative Societies Act,
1961, Sections 27 and 29).
1983 (1) All India Land Laws
Reporter 560.
-Administrator-Period of
appointment-Maximum period for which Administrator can be appointed-Six
months-All actions of Administrator beyond
the prescribed period six months of his appointment-Held to be illegal.
(Sec. 26 (1 D), Punjab
Co-operative Societies Act, 1961).
1974 P.L.J. 60.
-Maximum number of administrator
to be appointed of a Managing Committee-Not limited to 11
(Sec. 26-A (3) (a), Punjab
Co-operative Societies Act, 1961)
1981 All India and Laws Reporter
333.
-Administrator appointed under
Section 26 (1-D)-Not competent to enroll new members.
(Sec. 15, Punjab Co-operative
Societies Act, 1961).
1973 PLJ 676.
-Dispute between Co-operative
Society and a constituent-Administrator appointed as Arbitrator-Held that
appointment of administrator as arbitrator was not proper as he is an
administrator was interested i n welfare of society-Order quashed-Registrar
directed to appoint another Arbitrator.
(Sec. 26 (1-D), Punjab
Co-operative Societies Act, 1961)
1975 P.L.J. 507.
-Administrator-All his actions
are subject to check and directions of Registrar.
(Sec. 27 (3), Punjab
Co-operative Societies Act, 1961)
1974 P.L.J. 113.
-Administrator appointed for six
months-Term again extended for another six months or till the election of the
new committee-Election of the new committee held-Administrator terminating the
services of the employees after the expiry of his term-Order is illegal,
Administrator cannot act after his terms has expired-Section 29 cannot be
resorted to validate the proceedings.
(Sec. 27, Punjab Co-operative
Societies Act, 1961)
1983 (1) All India Land Laws Reporter 559.
-Administrator ceases to hold
office after expiry of period of six months-Official is not competent to pass
any order in connection with affair of society for acts done by Administrator
after the expiry of six month of his appointment.
(Sec. 26 (1-D), Punjab
Co-operative Societies Act, 1961)
1973 P.L.J. 728.
-Scope-Functioning of
Administrator after statutory period-Not permissible.
(Sec. 26 (1.D), Punjab
Co-operative Societies Act, 1961)
1974 Cur. L.J. 84 = 1974 Rev.
L.R. 65.
Adjudication
-Section 94 does not apply to a
reference made under Section 64 to the Registrar for adjudication of election
dispute. (Madhya Pradesh Co-operative Societies Act, 1961, Section 94).
(1976) 12 Co-op. L.J. 201 = 1976
M.P.L.J. 577.
-Registrar hearing adjudication
of claim under Section 60 of the Act is not a Court governed by Civil Procedure
Code. (Kerala Co-operative Societies Act, 1969, Section 69).
1978 Ker. L.T. 256.
-The Registrar while adjudicating
the dispute under Section 96 is for all intents and purposes Court discharging
the same functions and duties in the same manner as a Court of law is expected
to do and, therefore, the Registrar or his Nominee or Board of Nominee would be
a Court for the purposes of Section 14 of the Limitation Act and the dispute
before him would be a civil proceeding. (Gujarat Co-operative Societies Act
(10 of 1962), Section 96).
A.I.R 1985 Gujarat 78.
-Industrial disputes can be
referred for adjudication. (Travancore Cochin Co-operative Societies Act (10
of 1952), Section 60 (1)).
1964 Ker. L.J. 175.
-Court could enter adjudication
on vague and uncertain averments. Claim being related to the dealings of a past
member with the co-operative society,
Sections 60 and 61 of the Travancore-Cochin Co-operative Societies Act enacted
an implied bar to the cognizance of such suits by Civil Courts within the
meaning of Section 9 of the Civil Procedure Code. (Travancore
Cochin-Co-operative Societies Act (10 of 1952) Sections 60, 61).
A.I.R. 1961 Kerala 258 = 1960
Mad. L.J. (Cri.) 281 = 1960 Ker. L.T. 1288 = 1960 Ker. L.J. 1442.
-Dispute with employees-Registrar
alone can adjudicate. (Madhya Pradesh Co-operative Societies Act, 1961,
Section 93).
A.I.R. 1969 Madhya Pradesh 46 =
1969 Lab. I.C. 276.
-Section 94 does not apply to a
reference made under Section 64 to the Registrar for adjudication of election
dispute mentioned therein. (Madhya Pradesh Co-operative Societies Act, 1961,
Section 64 and 94).
(1976) 2 Co-op. L.J. 201 = 1976
M.P.L.J. 577.
-The principles applicable to the
adjudication of claims and differences and the filed and method of operation of
the adjudicating agencies are entirely different and, therefore, the
implications arising out of the word ‘Industrial dispute’ which has acquired a
meaning of is own, are not asking to those that arise out of the word ‘dispute’
used in ordinary parlance; hence an industrial dispute connotes an entirely
different concept from a dispute arising under the Co-operative Societies Act
between the parties mentioned in Section 96 of the Act and the authority
functioning under the Co-operative Societies Act cannot have the power and the
jurisdiction to decide differences or claims or demands that arise under the
Industrial Law. (Gujarat Co-operative Societies Act (10 of 1962),
Section 96).
(1968) 9 Guj. L.R. 815 = (1968) 1
Lab. L.J. 670 (Gujarat).
-The word ‘Control’ in Section 2
(1) of the Central Act does not comprehend within itself the adjudication of a
claim by a co-operative society against its member-Adjudication of disputes is
a judicial or quasi-judicial function. (Multi Unit Co-op. Societies Act (6
of 1942), Section 2 (1)).
A.I.R. 1972 Supreme Court 1248 =
(1972) 2 S.C.R. 162 = (1973-74) 9 Co-op. L.J. 73 = (1973) 1 S.C.J. 145 = 1974
Co-op. L.R. 175.
-The Court has to consider
whether the dispute as framed by the appellant-Society can be properly
adjudicated or not. (Maharashtra Co-op. Societies Act 1961, Sections 91
and 94 (3) (a)).
1984 C.T.J. 361.
-Disputes concerning election to
Committee of specified society-Commissioner alone competent to adjudicate. (Maharashtra
Co-operative Societies Act (24 of 1961), Section 144P.
1979 Bom. C.R. 93.
-Petitioner admitting entire
claim of society-New plea in writ petition to bifurcate the claim for
adjudication in surcharge proceedings held could not be allowed. (Karnataka
Co-operative Societies Act, 1959, Section 69).
A.I.R. 1977 Karnataka 87.
-Registrar hearing adjudication
of claim under Section 60 is not a Court governed by Civil Procedure Code. (Travancore
Cochin Co-operative Societies Act (10 of 1952), Section 60).
1978 Ker. L.T. 256 = (1977) 13
Co-op. L.J. 243.
Adjournment
-Rule 22 (9) empowers the
Election Officer to adjourn the meeting of the elected members of the Committee
convened for the purpose of selecting its office-bearers only if there be no
quorum, the quorum being the majority of elected members of the Committee. He
is not empowered to adjourn the meeting on any other objection raised by the
members. Nor is he empowered to adjourn it for the purpose of holding an
enquiry into the alleged disqualification of an elected member to vote at the
meeting. In fact, no power is vested in the Election Officer by the Act or the
rules or the bye-laws to go into the qualification or disqualification of an
elected member of the Committee. Wherever the Legislature or the rule-making
authority though it advisable to empower the Election Officer to adjourn the
meeting, they have specified so explicitly. The Election Officer is not
empowered to decide about the qualification or disqualification of elected
members of the society
(A.P. Co-operative Societies
Rules, 1964 22 (9)).
A.I.R. 1983 Andhra Pradesh 83 =
1983 (19) Co-op. L.J. 148.
-Scope of adjournment-Refusal
grant by Arbitrator-Remedy-Appeal is competent against the order before
competent authority-Civil Court has no jurisdiction to declare the award to be
a nullity. (Punjab Co-operative Societies Act (25 of 1961), Section 82.,
Rule 55, Punjab Co-operative Societies Rules, 1962)
-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.L.R. (1976) 1 Kerala 104 =
(1975) 11 Co-op. L.J. 271.
-All meetings adjourned for
quorum cannot be taken into account for counting three consecutive meetings.(Andhra
Pradesh Co-operative Societies Act, 1964, Section 21-B.)
A.I.R. 1974 Andhra Pradesh 49 =
(1974-75) 10 Co-op. L.J. = (1974) 1 Andh. W.R.4.
-Election Officer has no right to
adjourn meeting convened for electing office-bearers. (Andhra Pradesh
Co-operative Societies Act, 1964, Section 22-C).
(1972) 8 Co-op. L.J. 128.
Admission
-Once a person joins a
co-operative society a vinculum juris, by way of certain rights and
obligations, is established between him and the Society under the bye-laws.
These rights and obligations are not completely destroyed the moment he resigns
from the Society. The nexus is recognised Societies Act (24 of 1961),
(Section 4).
I.L.R. (1975) Bombay 141 = 1975
Co-op. L.R. 185.
-Admission of members-Two
different bye-laws speaking of the admissibility of members of specified
scheduled castes-State interpreting the rule differently-Admission of members
allowed after rejecting the State View.
Punjab Co-operative Societies
Act, (1961)
1972 Cur. LJ. 263.
-It is well within the
jurisdiction of the General Body of the Society to take into consideration the
antecedents of the person applying for membership of the Society. Where the
antecedent conduct of the person in another society does not inspire confidence
of the majority of the members and the explanation given by him is found to be
unsatisfactory the general body acts within its right to decline him admission
to its membership. (Mah. Co-operative Societies Act (24 of 1961).
Sections 23 (1), 23 (2).
A.I.R. 1967 Bombay 319 = 1967
Mah. L.J. 473 = 69 Bom. L.R. 643.
- An Admission which is made in
ignorance of true legal position can hardly bind the maker there of.
(Punjab Co-operative Societies
Act, (1961) 1973 PLJ 214.
-When the proceeding book is in
the custody of the administrator. It is necessary for the prosecution to
produce it to prove who is the actual custodian. (Orissa Co-operative
Societies Rules, 1965, Rules 40 and 41).
1976 Cut. L.R. (Cri.) 298 = 1977
Cri. L. J. N. O. C. 22 = 42 Cut. L.T. 895.
-The entire scheme and object of
the Hyderabad Co-operative Societies Act suggest that the legislature contemplated
admission of new members. The only express Provision regarding the made of
admission of members to the society is to be found in Section 71 (2) (d). This
provision empowers the Government to make rules regarding the admission of new members,
is left by the Act to the rule-making authority. Therefore, a rule mad in
exercised of this power cannot be regarded as seeking to add to or enlarge the
provisions of the Act. (Hyderabad Co-operative Societies Act (16 of 1952),
Section 71).
A.I.R. 1966 Andhra Pradesh 160 =
(1965) 1 Andh. W. R. 493.
-In the view of admission of
liability, non-framing of issues did not cause failure of justice. (Madhya
Bharat Co-operative Societies Act (9 of 1955), Sections 67 and 68-Constitution
of India, Article 227).
1964 M.P.L.J. (Notes) 719.
-The default referred to in
Section 19 is a default in the payment of what is payable by reason of the very
fact that a person is a member not arising out of a liability created after he
becomes one. There can be no such default until a person becomes a member, and
no person becomes a member until he pays the admission fee and the first installment
payable in respect of the shares taken by him. (Mysore Co-operative
Societies Act (11 of 1959), Section 19).
(62) 49 Mys. L. J. 160.
-Under Section 96 (2) the Registrar
has to admit the dispute if he is satisfied that the claim is one falling under
Section 96-Order of admission does not conclude the right of the other party. (Gujarat
Co-operative Societies Act (20 of 1962), Section 96).
(1972) 13 Guj. L. R. 797 .
Affairs of Society
-A letter-cum-order issued by
Deputy Registrar of Co-operative Societies seeking information regarding
affairs of a Co-operative Bank in the absence of there being any
inspection of books of accounts of the
bank is not covered by Section 88 (1)
(a) read with Section 88 (1) (b) of the Act and the condition precedent to the
issuance of such order is lacking and the order is null and void. (Gujarat
Co-operative Societies Act (10 of 1962), Section 88 (as amended by Act 23 of
1982), Section 89).
A.I.R. 1984 Gujarat 36 = 1984
(26) Co-op. L. J. 92 = 1983 Guj. L. R. 969.
-Dispute touching the business of
a registered society-Covers a dispute relating to the affairs of the society. (Bihar
and Orissa Co-operative Societies Act, 1935, Section 48 (1).
I.L.R. (1971) 50 Patna 501.
-Co-operative society-Winding up
of-Managing Committee of the society suspended and an administrator appointed
under section 27-Enquiry held into affairs of the society-Affairs of society
not being run properly as there were serious irregularities in its
working-Notice to show cause issued to the society-Administrator agreeing with
the Assistant Registrar and coming to the conclusion that the society be wound
up-Order passed by the Assistant Registrar directing the winding up of the
society challenged in High Court-Supreme Court did not interfere holding that
the view taken by the authorities that the order of winding up disclosed sorry
state of affairs was eminently just and proper. (Punjab Co-operative
Societies Act, 1961, Sections 27 and 57).
1984 (2) All India Land Laws
Reporter 141.
-A citizen has no fundamental
right to participate in the affairs of a co-operative society. (U. P.
Co-operative Societies Act (11 of 1966), Section 17 (2).
A. I. R. 1972 All. 159 = 1971
All. L. J. 943 = I. L. R. (1971) 2 Allahabad 417.
-The provisions contained in the
U. P. Co-operative Societies Act and the rules framed there under were to
govern and regulate the affairs of the cane growers societies also. (Uttar
Pradesh Co-operative Societies Act (11 of 1986), Section 70).
1971 All. L. J. 1339.
Aggrieved Party.
-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
Society 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.
-Revisional power under Section
68 can be exercised either suo moto upon application of a reference-Aggrieved
party if bring to notice of government that a particular order is illegal or
improper then it is the duty of the Government to redress the grievances.
(Punjab Co-operative Societies Act, 1961, Section 69).
1985 (2) All India Land Laws
Reporter 397.
-Only such person who in fact
goes up in appeal under Section 21 (3) or 21 (4) or Rule 18 (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.
-Opinion of Registrar is
subjective-Act has enough provision to gave redress to aggrieved persons. (Andhra
pradesh Co-operative Societies Act, 1964 Section 34 (1)).
(1970-71) 6 Co-op. L. J. 15).
-Application for stay of election
rejected by joint Registrar-Remedy of of aggrieved person is to apply under
Section 154 of Act and not under Article 226, Constitution. (Maharashtra
Co-operative Societies Act (24 of 1961), Section 154).
1986 Mah. L. J. 570.
-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.
-Award delivered in contravention
of Rule 53-Two remedies open to aggrieved party (i) Appeal under Section 68,
and (ii) Suit in Civil Court. (Punjab Co-operative Societies Act (25 of
1961), Section 68 and 82 (3), Rule 53, Punjab Co-operative Societies
Rule, 1963)
1974 PLJ 5
Agreed Rate of Interest
-In the absence of any other
specific agreement about the rate of interest it was not proper to award the
interest more than the agreed rate. (Maharashtra Co-operative Societies Act,
1961).
1984 C. T. J. 426.
-Actual non-confidence move not
item of agenda-Non-confidence motion cannot be taken in meeting. (Kerala
Co-operative Societies Act, 1969, Section 30).
I. L. R. (1976) 1 Kerala 104 =
(1975) 11 Co-op. L. J. 271.
Agent
-Transporter to get payment for
work done-transporter not ‘agent’ of Society. (Kerala Co-operative Societies
Act, 1969 Sections, 69 (1) (c); 100).
1977 Ker. L. T. 275.
-Even if the provision 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 Bombay 273 = (1977)
13 Co-op. L. J. 224 = 1978 Mah. L. J.
59.
Age of Retirement
-The age of retirement of an
employee cannot be determined with reference to a bye-law which allows him to
continue till he is 60 years of age and he cannot be granted relief on the basis
of the bye-law which has no statutory force. (Kerala Co-operative Societies
Act, 1969, Section 80,
Kerala Co-operative Societies
Rules, 1969,
Rules 183 (2)).
I. L. R. (1975) 1 Kerala 249 =
1975 Co-op. L. R. 116 = 1975 Ker. L. T.
367 = (1974) 10 Co-op. L. J. 221.
-Rule as to age of retirement
only prospective. (Mysore Co-operative Societies Rules, 1960 Rule 18 (a)
(2)).
A. I. R. 1968 Mysore 15 = 1968
Lab. I. C. 33.
Agreement
-Agreement between Co-operative
Marketing Society and Kolagars fixing terms of employment and conditions of
service of Kolagaris -Agreement is not unenforceable or contrary to Rule 28 (Andhra
Pradesh Societies Act (7) of 1964), Sections 130 & Andhra Pradesh
Co-operative Societies Rules, Rules 28 and 42).
1975 An. L. T. 37.
-The loans and agreements have to
be interpreted reasonably, rationally and like ordinary and prudent people and not in terms of eternity of
fantastically. (Maharashtra Co-operative Societies Act (24 of 1961), Sections
33, 91, 92).
I. L. R. (1975) Bombay 141.
Assistant Registrar
-The
Registrar on receipt of a dispute under Section 64 either should dispose of the
dispute himself or transfer it for disposal to a nominee or Board of Nominees
to be appointed by the Registrar. Even if the contention that Assistant Registrar
could also discharge the functions of the Registrar in transferring the dispute
to a nominee is accepted still Section 66 contemplates a judicial order to be
passed by the Assistant Registrar transferring it to a nominee nominated by
him. (M.P. Co-operative Societies Act (1 of 1961, Sections 66, 64 (2).
A. I. R. 1985 M. P. 80 = 1984 M.
P. L. J. 555 = 1984 Jab. L. J. 724.
-Assistant Registrar-Competent to
pass an order of amalgamation of Co-operative Societies-Assistant Registrar
prior to amendment authorized to exercise all powers of Registrar by virtue of
notification-After amendment not necessary that a fresh notification should be
issued. (Punjab Co-operative Societies Act, 1961, Sections 3 and 13,
Sub-Section (1) to (12) as in Punjab State).
1985 (2) All India Land Laws
Reporter 236.
Assistant Registrar
-Assistant Registrar cannot pass
orders under section 27 of the untill the powers are specifically conferred on
him.
(Sec. 2 (j) Punjab
Co-operative Societies Act, 1961)
Rev. L. R. 793 (DB)
Alternate of Party
-Alternate statutory
remedy-Petition under Article 226 of the Constitution if maintainable. (Orissa
Co-op. Societies Act (2 of 1963), Sc. 68).
I. L. R. (1975) Cut. 100.
-Alternative remedy-Manifest
injustice-Alternative & remedy not effective-Writ petition not to be thrown
out (1965) 67 PLR 672
Relied on.
(Punjab Co-operative Societies
Act, 1961)
1974 Co-op. LR 179.
-Alternative remedy under the Act-Not an efficacious
one-Held that it is open to High Court to exercise jurisdiction under Art. 226-
Punjab Co-operative Societies Act (25 of 1961), Sections 55 and 56.
1973 PLJ 805.
-Writ jurisdiction-Alternative
remedy-Not availed of-Remedy under the ACF evidently more efficacious-No reason
has been shown why these relief remedies were by passed-Petitioners are thus
precluded from claiming any under extra-ordinary jurisdiction of High Court. Punjab
Co-operative Societies Act (25 of 1961) Sections 55 (2) (co. 69 and 26-A).
1976 PLJ 326.
-Writ jurisdiction-Existence of
alternate remedy-whether an absolute bar.
-The existence of an alternate
remedy is not as absolute bar for the entertainment of a petition under article
226 of the Constitution. While exercising equity jurisdiction High court looks
to the comparative convenience of the parties as also the wrongful act
complained of, in deciding as to whether a petition should be entertained or
not.
(Punjab Co-operative Societies
Act, 1961)
1973 PLJ 273
-Alternative remedy-Order under
challenge erroneous on the fact of it-Petitioner should not be non-suited. (Punjab
Co-operative Societies Act, 1961)
1973 PLJ 27.
-Writ jurisdiction-Alternative
remedy-Exercise of discretion in granting writ-No interference in Letters
Patent Appeal. (Punjab Co-operative Societies Act, 1961)
1972 PLJ 399.
-Alternative remedy-Failure to
avail-writ petition held to be not maintainable. (Punjab Co-operative
Societies Act, 1961)
1978 PLJ 111.
-Writ jurisdiction-Alternative
remedy-Election dispute-High Court loathe to interfere. (Punjab Co-operative
Societies Act, 1961)
1981 All India Land Laws Reporter
301
-Writ jurisdiction-Alternative
remedy-Non availing of-Is itself no bar-Court can interfere in appropriate
cases. Punjab Co-operative Societies Act (25 of 1961), S. 55.
1976 PLJ 91.
-Adequate alternative remedy
under Act not availed-Writ petition not maintainable. (Uttar Pradesh
Co-operative Societies Act (11 of 1966), Section 70).
A. I. R. 1978 N. O. C. 1
(Allahabad).
-Proceeding under Section 74
started after expiry of 6 years-Writ against order of Registrar maintainable
and not exhausted by alternative remedy
of appeal under Section 123 of the Act. (Rajasthan Co-operative Societies
Act (13 of 1965), Section 74).
(1977) 13 Co-op. L. J. 166 = 1977
W. L. N. (S. C.) 354.
-The rule of alternative remedy
does not create an absolute bar to the exercise of power under Article 226 of
the Constitution. It is merely a circumstance enabling the High Court to refuse
exercise of this extraordinary and discretionary power, if the facts of the
case so require. (M. P. Co-operative Societies Act (17 of 1961), Section
64 and M. P. Co-operative Societies Rules, 1962, Rule 41 (26).
A. I. R. 1985 Madhya Pradesh 187
= 1985 Jab L. J. 83
-Existence of alternative remedy
does not prevent High Court from interfering with flagrant violation of
provisions of Act. (Madras Co-operative Societies Act (6 of 1932),
Section 73).
(1966) 2 M. L. J. 366
-The bye-law cannot provide for
termination of membership or expelling a member by altering the conditions of
admission of member. (Madhya Pradesh Co-operative Societies Rules, 1962,
Rule 6).
1971 Jab. L. J. 924.
Aggregate Sum
-Attachment of one’s movable or
immovable property for the aggregate sum of two awards is bad. (Kerala
Co-operative Societies Act, 1969, Section 76).
A. I. R. 1972 Kerala 93 = 1971
Ker. L. J. 570
Allotment
-Tenant Co-operative
Society-Immovable property allotted by it to its member can be transferred by
the member. (Gujarat Co-operative Societies Act (10 of 1962, Section 42 (a).
A. I. R. 1980 Gujarat 62 = (1979)
20 Guj. L. R. 878.
Allotment
-Allotment of building site to
member by building-society-Allottee having ailed to pay the installments and in
view of his persistent refusal to comply with the terms of the agreement, the
Society referred the dispute to the Registrar under section 54 of the Act for
decision by himself or his nominee. The allottee contended that the dispute
between the Society and himself was essentially a dispute between landlord and
tenant and hence the award made by the arbitrators appointed by the Registrar
was without jurisdiction. Award was perfectly valid award and there was
absolutely no justification for the plea taken by the allottee that he was a
tenant who was governed by the provisions of the Rent Control Act. (Bombay
Act LVII of 1947). Bomaby Co-operative Societies Act, 1925, Section 54).
A.I.R. 1967 Supreme Court 369 =
1964 Mah.L.J. 410 = 1964 (3) S.C.R. 964 = 66 Bom. L.R. 205
Affidavit.
-There is no rule or provision in
the Co-operative Societies Act permitting the acceptance of affidavits as a
piece of evidence on which an award or decision could be based. (Uttar
Pradesh Co-operative Societies Rules, 1936, Rules 118, 123).
A.I.R. 1966 Allahabad 489 = 1966
All. L.J. 36.
-Affidavit is no evidence. (Uttar
Pradesh Co-operative Societies Rules, 1968, Rule 123).
A.I.R. 1966 Allahabad 489.
Affairs of Society.
-The word ‘business’ in this
context does not mean affairs of a society because election of office-bearers,
conduct of general meetings and management of a society would be treated as
affairs of a society. In this sub-section the word ‘business’ has been used in
a narrow sense and it means the actual trading or commercial or other similar
business activity of the society which the society is authorized to enter into
under the Act and the Rules, and its bye-laws, (Maharashtra Co-operative
Societies Act, 1968, Section 91).
A.I.R. 1981 Supreme Court 152 =
1980 All L.J. 1073 = 1981 (1) S.C.R. 558.
-Registrar can appoint a person
to manage the affairs of the society for a period not exceeding six months. (Andhra
Pradesh Co-operative Societies Act, 1964, Section 32 (7) (a).
(1971) 2 An. W.R. 172.
Amalgamation.
-Proposed amalgamation-Notice to
individual members of Co-operative Societies-No requirement of law or
principles of natural justice-Legislature by necessary intendment excluded
requirement of notice-Requirement of notice to individual members cannot be
incorporated in the statute by a process of interpretation. (Section 13 (9), Punjab
Co-operative Societies Act, 1961).
1979 P.L.J. 129
-Sub-Clause (b) of Sub section
(9) and sub-section (110 Amalgamation or division of society-Notice of-Giving
of notice is mandatory-Sub Section confer valuable right on Co-operative
Society, its members and creditors-Consultation with financing institutions of
Co-operative Society. (Section 13, Punjab Co-operative Societies Act, 1961).
1976 PLJ 302
-Amalgamation of Society-Notice
regarding-Must be given to the society, its members and creditors. (Section 13,
Punjab Co-operative Societies Act, 1961).
78 P.L.R. 564 = 1979 P.L.J. 129
FB
-Amalgamation-Order of
amalgamation-Cannot be dictated by the higher authorities-Registrar has to
apply his mind. (Section 13 (8), Punjab Co-operative Societies Act, 1961).
1976 PLR 564
-Object-Amalgamation of
Co-operative Societies-Better interest and welfare of Co-operative Societies
are pre-requisite for initiating action under section 13 (8). These conditions
are in the alternative-Both public interest and proper and better management of
Co-operative Societies writ large as underlying object of amending provision. (Section
13, Punjab Co-operative Societies Act, 1961).
1979 PLJ 129.
-Amalgamation-Society itself
taking-decision-Notice has to be given to its members and creditor-Is
mandatory-Provision Confer vulnerable right on Co-operative Society, its
members and creditors to be affected by proposed order for amalgamation or
division. (Section 13, Punjab Co-operative Societies Act 1961).
1977 P.L.J. 445
-Amalgamation of Society-Amalgamated
society should be proceeded against before Labour Court-Award passed against a
society which ceased to exist on account of amalgamation is no award in the eye
of law-Award is a nullity-Liable top be quashed. (Section 13, Punjab
Co-operative Societies Act, 1961).
1983 (i) All India Land Laws
Reporter 628
-(As added by Punjab Act 8 of
1978)-Pre-requirement is that Registrar should be satisfied that it is
necessary in the interest of Co-operative Society or Co-operative Societies
which are to be amalgamated-Registrar not clothed with arbitrary power to
amalgamate one or more Co-operative Societies, (Section 13 (8), Punjab
Co-operative Societies Act,. 1961).
1979 PLJ 129
-As added by Punjab Act 8 of
1978)-Proposed order of amalgamation Service of information about membership
assets and liabilities, property, rights, interests duties and obligation of
not only principal Society but also of each of the other Societies which are
sought to be amalgamated. No requirement of law requiring service of above said
information. (Punjab Co-operative Societies Act, 1961.
1979 PLJ 129.
-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 39 and 32).
(1970-71) 6 Co-op. L.J. 51 = 1969
B.L.J.R. 309.
-Order passed by Assistant
Registrar of Co-operative Societies directing amalgamation of three Societies
under Rule 39 (2) during pendency of appeal under Rule 39 (4) is contrary to
law and void. (Bihar Co-operative Societies Rules. 1959, Rule 39).
A.I.R. 1972 Patna 276
-Power to register a
Society-Power cannot by implication be construed to include the power to
register a new amalgamated Society after compulsory amalgamation of two
existing Societies. (Bihar and Orissa Co-operative Societies Act, 1935,
Sections 11, 66 (4) and 6 (2) (a). & Bihar Co-operative Societies Rules,
1959, Rule 39).
A.I.R. 1968 Patna 211 = I.L.R. 46
Patna 1968
-Amalgamation-Essential
pre-requisite. There have to be more than one Co-operative Society before the
amalgamation process can be initiated-Amalgamation means and implies at least
two Societies which can be merged with each other-Mere change of name of a
particular Co-operative Society cannot be held to mean or to result in
amalgamation-Outside the ambit and scope of Section 13 (8). (Ss. 13 (8) (ii), Punjab
Co-op. Societies Act, 1961.
1979 All India Land Laws Reporter
13
-Only Registrar vested with power
to pass proposed order of amalgamation of Co-operative Societies under Section
13 (8) to (12) as added by Punjab Act No.8 of 1978 powers of Registrar
delegated on Assistant Registrars by notification power under Section 13
conferred on Asst. Registrars by Government itself-Cannot be said to be a matter
of delegation-Power under Section 3 plainly one of appointment or conferment of
powers under the statute and not one of delegation by Registrar-Assistant
Registrar has jurisdiction to pass order of amalgamation. (Sec. 3 Punjab
Co-operative Societies Act, 1961).
1979 P. L. J. 129
-Amendment of bye-law-To achieve
results of amalgamation by short cut method contravenes provisions of Section
13 and is liable to be quashed. (Tamil Nadu Co-operative Societies Act
(53 of 1961), Section 13 and 12).
(1972) 8 Co-op. L.J. 68. (Madras)
-Amalgamation of Societies-Means
and implies at least two societies which can be merged with each other. (Punjab
Co-operative Societies Act, 1961).
1979 All India Land Laws Reporter
83
-Sanction accorded on perusal of
records to prosecute 5 members-Sanction order cannot be amended or altered. (Orissa
Co-operative Societies Act (11 of 1952), Section 116 (2).
1976 Cut L.R. (Cri.) 298 = 1977
Cri. L.J. N.O.C.22 = 42 Cut. L.T. 895
-Amendment of bye-laws-To achieve
results of amalgamation by short cut method contravenes provisions of Section
13 and is liable to be quashed. (Tamil Nadu Co-operative Societies Act (53
of 1961), Section 13 and 12).
(1972) 8 Co-op. L.J. 68. (Madras)
-Order of amalgamation-Not a
pre-requisite that impugned statute must in specific terms declare that
amalgamation of corporation is either in public interest or for proper
management-It is for the Court to find and asses on larger perspective of
legislation whether it directs amalgamation of Corporation public interest or
is aimed towards the better management of Corporation or Corporations. (Punjab
Co-operative Societies Act, 1961).
1979 P.L.J.129.
-A request by the Registrar
requiring the co-operative societies to amalgamate by mutual consent for common
good does not have compulsive force and
does not become an order of direction. (Assam Co-operative Societies Act (1
of 1950), Section 15 (3).
A.I.R. 1984 N.O.C. 15 (Gauhati) =
1982 (1) Gau. L.R. 57.
-Amalgamation of Society-An amalgamated
society should be proceeded against before labour Court-Award passed against a
Society which ceased to exist on account of amalgamation is no award in the
eyes of law-Award is a nullity liable to be quashed, (Punjab Co-operative
Societies Act, 1961, Section 13).
1983 (1) All India Land Laws
Reporter 628
-All provisions of Section 6
followed by petitioner Society-Order of amalgamation cannot be sustained since
reasons given for amalgamation are beyond powers conferred by statutory
provisions. (Rajasthan Co-operative Societies Act (13 of 1965), Section
17).
A.I.R. 1985 N.O.C. 37 (Raj.) =
1984 W.L.N. 448 = 1984 Raj. L.R. 532.
-Compulsory amalgamation-Rule can
provide for such amalgamation. (Bihar and Orissa Co-operative Societies Act,
1935, Section 61).
A.I.R. 1968 Patna 211
-Assistant Registrar-Competent to
pass order of amalgamation of Co-operative Societies-Assistant Registrar prior
to amendment authorized to exercise all powers of Registrar by virtue of
notification-After amendment not necessary that a fresh notification should be
issued. (Punjab Co-operative Societies Act, 1961, Sections 3 and 13,
Sub-Section (1) to (12) as in Punjab State).
1985 (2) All India Land Laws
Reporter 236
-Notice to individual members of
Co-operative Societies is opposed to the vary status of co-operative society as
a body corporate-Notice not necessary-Notice to society will be deemed to be
notice to all its members-Section provides for notice to society and no to
member-Members who object to the proposed amalgamation have the option to walk
out within prescribed time. (Punjab Co-operative Societies Act, 1961,
Section 13, Sub-section (8), (9) and (10) (as applicable to Punjab).
1985 (2) All India Land Laws
Reporter 236
-Section 15-A has to be read as a
whole to understand the scheme of the provision and when read as a whole, it is
clear that the provision only deals with merger and liquidation and not with
amalgamation as contemplated by Section 12 to 14 and referred to in Section
15). (Andhra Pradesh Co-operative Societies Act, 1964, Section 15-A (as
inserted by Act 60 1977) and Sub-Section 15, 64).
A.I.R. 1978 Andhra Pradesh 121 =
1977 Andh. L.T. 700 = (1978) I.A.P.L.J. (H.C.) 1 = (1978) 1 Andh. W.R. 209
-The provisions of Section 15 are
manifest, that in the interests of an existing Society or societies, the
Registrar can direct division of the society or an amalgamation of two or more
societies, if in his opinion, it is necessary to do so. (Andhra Pradesh
Co-operative Societies Act, 1964, Section 156).
I.L.R. (1969) Andhra Pradesh 902
= (1968) 1 Andh. W.R. 52.
-’Prescribed conditions’ for
‘order of amalgamation – ‘Prescribed conditions’. (Orissa Co-operative
Societies Act (2 of 1963), Section 2 (h).
A.I.R. 1973 Orissa 148
Ambiguity
-The rules control the meaning of
the section. If there is any ambiguity, help may be taken from the rules. (Bihar
and Orissa Co-operative Societies act, 1935, Section 48 (1). Bihar
Co-operative Societies Rules, 1959, Rule 68 (13)).
(1962) I.L.R. 41 Patna 325
Ambiguous Provision.
-Ambiguous provision in a
statute-Legislature does not necessarily act in vacuum. (Bengal Co-operative
Societies Act (21 of 1940), Section 86).
A.I.R. 1964 Calcutta 190
Ambit
-Dispute between a Co-operative
Society on the one hand and the employee, agent or member of another
Co-operative Society-Claim rooted through person or a Society which in turn is
a member of the claimant-Society-Held to be with ambit of arbitration under section
55 (1) (b)-(Sec. 55, Punjab Co-operative Societies Act, 1961).
1982 All India Land Laws Reporter
360
Dispute between Co-operative Society
and salesman-Within ambit of arbitration-1976 P.L.J. 522 D.B. stands overruled
by full Bench in 1982 P.L.J. 84 F.B. (Sec. 55, Punjab Co-operative Societies
Act, 1961).
1982 P.L.J. 221
Amendment of Bye Laws
-Registrar can amend bye-laws of
society so as to effect eligibility for its membership. (Co-operative
Societies Act, 1912, Section 11-A ( as inserted by U.P. Act X of 1957).
1969 All. L.J. 304.
-Power of Registrar to amend Bye-laws is
quasi-judicial and is exercisable on reasonable grounds and is subject to
appeal and is not arbitrary. (Co-operative Societies Act, 1912, Section
11-A (as inserted by U.P. Act X of 1957).
1969 All. L.J. 304
-Order amending bye-laws passed
without giving of personal hearing -No violation of principles of natural
justice. (Co-operative Societies Act, 1912, Section 11-A (as inserted by
U.P. Act X of 1957).
1969 All. L.J. 304
-Bye-law can only be amended by
registering the amendment with the Registrar. (Tamil Nadu Co-operative
Societies Act (53 of 1961). Section 2(1).
(1979) 2 Lab. L.N. 412 (Madras) =
(1979) 55 F.J.R. 270
-The provisions of Section 73 BB
and of the Government Resolution No. CSL 1577/14559-15C dated September 13,
1977, cannot be implemented or enforced in the case of a Co-operative Society
which has not voluntarily done so unless the Maharashtra Co-operative Societies
Rules, 1961, are amended by the State Government or the bye-laws of the
concerned society are amended by the Registrar of Co-operative Societies in
pursuance of power conferred upon him by Section 14 of the Maharashtra
Co-operative Societies Act, 1960, as may be necessary, prescribing
disqualification for a permanent salaried employee of the society to be
selected or nominated on the Managing Committee selected or nominated under the
said Section 73 BB vacates his office. (Maharashtra Co-op. Societies Act,
(24 of 1961). S.73 BB).
A.I.R. 1983 Bombay 317
-Amendment of bye-law in
prospective. (Mysore Co-operative Societies Act (11 of 1959), Section
13).
(1969) 2 Mys. L.J. 320 = 16 Law.
Rep. 220
-Amendment of Bye-laws of
Society-After the failure of the Society to carry out the orders of the
Registrar under Section 11 (4) there
should be hearing before a final action is taken under sub-section (5)
of Section 11. (Co-operative Societies Act, 1912, Section 11 (4) and (5)
as amended by C.P. and Bihar Co-operative Societies (Amendment)Act, 1949).
A.I.R. 1958 Bombay 330 = I.L.R.
(958) Bombay 1047 = 1958 Nag. L.J. 253 = 60 Bom. L.R. 757
-Registrar issuing notice to
society to amend bye-laws-Registrar by order under Section 12(2) registering
proposed amendment on failure of society to do so-Order is valid and binding on
Society. (Madhya Pradesh Co-operative Societies Act, 1961, Section 12).
A.I.R. 1980 Madhya Pradesh 84 =
1980 M.P.L.J. 223
-Amendments in bye-laws are not
contemplated in interests of workmen or for purpose of resolving industrial
disputes. (Andhra Pradesh Co-operative societies Act, 1964, Section 16
(5).
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
-Despatch of proposed amendment
to Registrar-If constitute its registration-It is quite clear that the mere
despatch of a proposed amendment to the Registrar does not constitute its
registration. Unless the Registrar receives the amendment and actually
registers it, it cannot take effect. Besides, it is discretionary with the
Registrar whether he would register a proposed amendment. It is not incumbent
on him to register every amendment communicated to him by the Society. Section
10, Punjab Co-operative Societies Act, 1961).
1971 PLJ 666
-Amendment of Bye-laws-Proposal
for amendment-Absence of registration-Effect. Held that it is clear that mere
despatch of a proposed amendment of a bye-law to the Registrar does not
constitute its registration. Unless the Registrar receives the amendment and
actually registers it, it cannot take effect. Besides, it is discretionary with
the Registrar whether he would register a proposed amendment. It is not
incumbent on him to register-Every amendment communicated to him by a society.
The amendment which is not properly registered, cannot be taken notice of
(Section 10. Punjab Co-operative Societies Act, 1961).
1973 PLR 915 = 1971 CLJ 1005 =
1972 Rev. L.R. 78
-Amendment of
Bye-law-Procedure-No Amendment can be effective unless actually registered
under the Act-It is the discretion of Registrar to register proposed amendment.
(Section 10, Punjab Co-operative Societies Act, 1961).
1971 Cur. LJ 1005 = 73 PLR 915
-Amendment of bye-law-No notice given-Registration of amended bye-law is
invalid. (Madras Co-op. Societies Act (6 of 1932, Section 12(3).
A.I.R. 1955 Madras 267 = I.L.R.
(1955) Mad. 960 = (1956) 1 Mad. L.J. 284
-Sanction for amendment of
bye-law-Amended bye-law not in conformity with provisions of Rule 15-Sanction
is illegal. (Gujarat Co-operative Societies Act (10 of 1962), Section
161 and 162).
(1975) 10 Guj. L.R. 382
-Before the bye-laws can be
amended due notice of the specific amendment which is sought to be made must be
given to the members-The doctrine of acquiescence did not apply to the case. (Gujarat
Co-operative Societies Rules, 1965, Rule 6, Proviso Clause (a)).
I.L.R. (1970) Gujarat 1105
-Order of the District Registrar
registering an amendment is conclusive-It cannot exclude the scrutiny by the
High Court. (Gujarat Co-operative Societies Act (10 of 1962), Section 13
(3)).
I.L.R. (1970) Gujarat 1105
-Amendment of
Bye-laws-Administrator not Consulting the General Body-Amendment of Bye law
held to be illegal-Director competent to challenge the amendment. (Section 10-A
(1), Punjab Co-op. Societies Act, 1961).
1974 P.L.J. 13
-Amendment of bye-law-Locus
standi to challenge. (Section 10-A (1), Punjab Co-operative Societies Act,
1961).
1974 P.L.J. 13.
-Registrar proposing Amendment of
bye-law-Administrator of Society agreeing to the proposed amendment without the
General Body or Society being consulted-Amendment of bye-laws held to b
illegal. (Section 10-A (1) Punjab Co-operative Societies Act, 1961).
1974 PLJ 13
-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 there from 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
