CASELAWS REPORTED IN ALL INDIA COOPERATIVE LAW DIGEST - PART 4

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

Bye-Laws

Bye-laws have no force of Law or Statute. (Bihar Co-op. Societies Rules, 1959, Rule 15).

A.I.R. 1975 Patna 187

-Bye-law having no statutory force its contravention cannot form basis of petition under Article 226 of the Constitution. (Karnataka Co-op. Societies Act (11 of 1959), Section 12).

(1975) 1 Kant. L.J. 255 = 1. L.R. (1975) Kant. 244

-The operation of the bye-laws is subject to the provisions of the Act by virtue of which the resolution of the majority for removal of any one as a member is not final or absolute but is liable to be set aside by the Assistant Registrar. (Mys. Co-op. Societies Act (52 of 1948), Sec. 62 and 59).

A.I.R. 1954 Mys. 59 = I.L.R. (1958) Mys. 508 = 33 Mys. L.J. 137

-Bye -law 19-B made by Co-op. Bank registered under Act continues to remain in froce after repeal of Act by Mysore Co-op. Societies Act. (Mysore Co-op. Societies Rules, 1960, Rule 16).

1963 Mys. L.J. (Supp.) 501

-Bye-laws of Gohance Co-op. Marketing-cum-Processing Society Ltd., Bye-law No. 30-Nomination of managing committee members -Power can be exercised at any time without reference to notice of committee meetings-Nomination subsequent to such a notice held to be valid. (Sec. 26, Punjab Co-op. Societies Act, 1961).

AIR Punj. 459

-Bye-law of a Co-op. Society do not have force of law (Sec. 2 (99) (Punjab Co-op. Societies Act, 1961).

1977 PLJ 310

-Bye-Laws framed under, by National Urban Co-op. Bank Ltd., Hoshiarpur bye-law 40 (2)-Expression ‘Collateral’, meaning of- Has the same sense like any other than personal security which is furnished for obtaining loan. (Sec. 55, Punjab Co-op. Societies Act, 1961).

1972 Rev. L.R. 590 Punj

-Bye-laws under passed by Co-op. Society-Director bound by its resolutions-Can challenge th validity of bye-laws. (Rule 8, Punjab Co-op. Societies Rules, 1963).

ILR (1971) 2 Punj. 498

-Bye-laws providing that election has to be held in accordance with ‘rules’ framed by Registrar and adopted by director of Society’-Registrar not framing any rules-Effect.

-Held, that in such a situation the election, was itself not in accordance with the above said bye-law and that in eye of law there was no election of the Chairman at all. (Rule 8, Punjab Co-op. Societies Rules, 1963).

1966 Cur LJ 905

-Absence of specific bye-law providing for payment of honorarium or prescribing scale thereof did not invalidate decision of General body. (Karnataka Co-op. Societies Act. 1959, Sec. 65(2).

I.L.R. (1979) 2 Karnataka 2248

-Bye-law for providing for removal of member Society from membership on retirement from employment of Company is invalid. (Karnataka Co-op. Societies Rules, 1960, Rule 5 (2) (a), (b).

I.L.R. (1980) 1 Kant. 570 = (1980) 1 Kant. L.J. 298

-Bye-law of Co-op. Society framed under Act of 1932-Bye-Law 18(a) (v) found to have ceased to be operative even when Act of 1948 came in force-Even if bye-law had continued to be operative when Act of 1959 came in force, it being inconsistent with Sec. 29, could have no legal effect. (Mysore Co-op. Societies Act (52 of 1948), Sec. 131, 1st. Proviso and 29).

I.L.R. (1966) Mys. 687 = (1966) 1 Mys. L.J. 243 = (1966) 5 Law. Rep. 709

-Bye-laws can provide for an appeal against dismissal etc.-Bye-law can be enforced and employee can be re-instated (Sec. 8, Punjab Co-op. Soc. Act, 1961).

1982 All India Land Laws Reporter 628

-Bye-laws of Co-op. Society are registered by Registrar after scrutiny under Sec. 8 of the Act-Provided amendments are scrutinized under Sec. 10 by the Registrar-Sec. 10A authorized by the Registrar to suggest to Co-op. Society amendment of any Bye-law within the specified time empowered to amend bye-law after opportunity to Co-op. Society in the event of society refuses to do so. (Sec. 8, Punjab Co-op. Society Act, 1961).

1981 All India Land Laws Reporter 216

-In case of conflict with statute or Rules under State, bye-laws must give in and Act and Rules must prevail. (Orissa Co-op. Societies Rules, 1965, Rule 36-A (2).

(1974) 40 Cut. L.T. 441

-Bye-laws of a Co-operative Society do not have any force of law.(Section 8 Punjab Co-operative Societies Act, 1961).

1976 PLJ 81

-Bye-law 28(a) which in express terms requires only one third of the members of the Board of Directors to retire, has got the effect of fixing the term of the elected Board of Directors. It cannot be construed otherwise so as to attract Rule 13(3) for fixing the term of Board of Directors, which would render the bye-law meaningless. (Karnataka Co-operative Societies Rules, 1960, Rule 13 (3).

I.L.R. 1974 Kant. 407

-Bye-laws of Co-operative Society cannot run counter to statutory provisions-Bye-laws coming in conflict with statutory provisions-Must give way to statutory provisions. (Section 8, Punjab Co-operative Societies Act, 1961).

1976 PLJ 167

-Bye-Law cannot run counter to and lay down a condition that may go against the Rules-Punjab Co-operative Society Rules, 1963, Rule 20. (Section 8, Punjab Co-operative Society Act, 1961).

1976 PLJ 56

-Appeal filed under bye-law of the Society was decided by Deputy Registrar-No further remedy open unde bye-laws-Held that the order of Dy. Registrar cannot be said to have been made under the provision of act so that neither appeal under Section 68 nor revision under Sec. 69 lay. (Section 8, Punjab Co-operative Societies Act, 1961).

1973 PLJ 232

-The scheme of the Statute contemplate consideration of the amendment of Bye-laws by the General Body, whether the amendment be voluntary or is imposed by the Registrar. Where it is an imposition by the Registrar, the proposed amendment has to be considered by the General Body, and if it be not carried, there is scope for objection which shall be heard, Bye-laws are essentially contractual in character. When Bye-laws are to be amended, it is appropriate that the members are apprised of the proposal for amendment and are given an opportunity of considering the propriety of the amendment; and where they do not accept the amendment they must be given a hearing whereafter the Registrar may impose the amendment. (Orissa Co-operative Societies Act, 1963, Section 12(6) and Orissa Co-operative Societies Rules, 1965 Rule 14-A(1).

A.I.R. 1981 Orissa 112 = 1981 (51) Cut. L.T. 421

-Society-Bye-law excluding some types of members societies from right to vote for the election of the committee offends the section. (Andhra Pradesh Co-operative Societies Act, 1964, Section 25(4).

I.L.R. 1982 Andhra Pradesh 1304

-Bye-laws of a Co-operative Society-Order passed in violation of bye-laws can be set aside in writ jurisdiction. (Punjab Co-operative Societies Act, 1961).

1982 All India Land Laws Reporter 628

-Bye-laws of co-operative society providing for a focus of appeal-Order passed by appellate authority which is of statutory nature is amending to writ jurisdiction. (Punjab Co-operative Societies Act, 1961).

1982 All India Land Laws Reporter 628

-Amendment of bye-law-No notice given-Registration of amended bye-law is invalid. (Madras Co-operative Societies Act (6 of 1932), Section 12(3).

A.I.R. 1955 Madras 267 = I.L.R. (1955) Madras 960 = (1956) 1 Mad. L.J. 284

-Bye-laws of a Society-Removal of a member-Member filing a civil suit challenging the inclusion of certain members of the holding of election-Is no ground for removing a member-Removal on the ground held without jurisdiction. (Sec. 2 (9) Punjab Co-operative Societies Act, 1961).

1980 All India Land Laws Reporter 19

A bye-law cannot take effect until it is registered. (Maharashtra Co-operative Societies Act, (24 of 1961), Section 9(1).

A.I.R. 1967 Bombay 7

-Bye-law inconsistent with or repugnant to any provisions of the Act, will be invalid. (Maharashtra Co-operative Societies Act 924 of 1961), Section 13).

A.I.R. 1967 Bombay 7

-Bye-laws providing that appeals to be heard by Registrar-Appeal cannot be heard by any other authority. (Section 3(2), (3) and (8) Punjab Co-operative Societies Act, 1961).

1982 All India Land Laws Reporter 628

-Bye-law not in conflict with the Act or Rule-Election held in pursuance of bye-law valid. (Orissa Co-operative Societies Rules, 1965, Rule 30-A (2)).

(1974) 40 Cut. L.T. 441

-Bye-laws of Society have no statutory force. (Orissa Co-operative Societies Act (2 of 1963), Section 29 (b)).

(1974) 1 Cut. W.R. 524 = (1974) 40 Cut. L.T. 441

-Society cannot make a bye-law for expulsion, (Karnataka Co-operative Societies Act, 1959, 131).

(1972) 2 Mys. L.J. 397

-Bye-law providing only for filing suit by Secretary-Reference of dispute by President is valid. (Karnataka Co-operative Societies Rules, 1960, Rule 5 (2) (e)).

(1974) 1 Kant. L.J. 425

-Bye-law effecting removal of an existing member, is ultra vires sub-rule (3). (Karnataka Co-op. Societies Rules. 1960, Rule 5 (3)).

I.L.R. (1973) Mys. 309

-Advance of loan on Security of immovable property is in transgression of bye-laws. (Karnataka Co-operative Societies Act, 1959, Section 70).

(1974) Kant. L.J. 449

-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), Sec. 12).

(1972) 8 Co-op. L.J. 68 (Madras)

-So long as a Bye-law is not inconsistent with the parent Act, it cannot be suspended by the Registrar. (Andhra Pradesh Co-operative Societies Act, 1964, Sec. 16).

(1981) 1 Serv. L.R. 142 = (1980) 2 Andh. W.R. 431

-A bye-law cannot take effect until it is registered, but if it is otherwise invalid, registration of it will not make it valid. (Maharashtra Co-operative Societies Act (24 of 1961), Sections 152 (4), 13 and 9 (1)).

A.I.R. 1967 Bom. 7 = I.L.R. (1966) Bom. 91 = 68 Bom. L.R. 176 = 1966 Mah. L.J. 514

-Right to continue in service upto 60 years under a bye-law is not enforceable. (Kerala Co-operative Societies Rules, 1969, Rule 183 (2)).

1975 Ker. L.T. 367

-Co-operative Tribunal failed to give effect the bye-laws 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. (Gujarat Co-operative Societies Act (10 of 1962), Section 74).

(1977) 18 Guj. L.R. 692

-Bye-law making deposit non-refundable till loans of public bodies were not repaid-Past members bound by this bye-law. (Maharashtra Co-operative Societies Act, (24 of 1961), Sections 33, 92, 91).

I.L.R. (1975) Bombay 141

-When the Bye-laws of a Co-operative Society confer upon the Board of Directors the power to call Annual General Meeting, the intention of the Bye-laws obviously is that the Board of Directors are the best judges to convene the meeting on a date which is convenient and in the interest of the Society. (Co-operative Societies Act, 1912, Section 43 (f)).

1967 All L.J. 1919 = (1968) 1 Com. L.J. 21

-Admission of members-Two different bye-laws speaking of the admissibility of members of specified scheduled castes-States interpreting the rule differently-Admission of members allowed after rejecting the State View. (Punjab Co-operative Societies Act, 1961).

1972 Cur. L.J. 263

-Under the bye-laws it was the Board of Directors which had been given th general control over the affairs of the Bank and the body should be first approached fo redress of any grievance concerning the affairs of the Bank. (Co-operative Societies Act, 1912, Section 43 & Rules under Rules 26 and 53).

1962 M.P.L.J. (Notes) 196

-Bye-law 59 (v) of the Himachal Pradesh State Co-operative Bank did not prohibit the election of an individual holding ordinary shares to the office of a Director unless he was indebted to the Bank. (Himachal Pradesh Co-operative Societies Act (13 of 1959), Bye-laws of State Co-operative Bank, Bye-law 59 (v)).

A.I.R. 1959 Himachal Pradesh 1

-Bye-law making deposit non-refundable till loans of public bodies were not repaid-Past members are also bound by this bye-law. (Madhya Pradesh Co-operative Societies Act, 1961, Sections 33, 91, 92).

I.L.R. (1975) Bombay 141

-Where the bye-laws of a Society contemplated the member societies representing certain constituencies shall be the members as such of its managing committee a delegate representing a society in the committee of another society is not himself a member in his individual capacity but is only a representative of the society which is really the member of the committee. (Madhya Pradesh Co-operative Societies Act, 1961, Sec. 95 (2)).

1969 M.P.W.R. 654 = 1969 Jab. L.J. 1016

-The fields upon which bye-laws can be made by a Society includes aims and objects as well as rights and liabilities of members. (Co-operative Societies Act, 1912, Section 43).

1971 U.P.T.C. 813 = (1973) 1 I.L.J. 84

-The bye-laws concerning the constitution made in contravention of the Act and the rules well be invalid and cannot prevail over the rules. (Bihar and Orissa Co-operative Societies Act, 1935, Sections 11 (1), 14 (2) and 25).

I.L.R. 38 Patna 998 = 1959 Patna L.R. 175 = 1959 B.L.J.R. 468

-Bye-law of Co-operative Societies cannot travel beyond domestic sphere of society, (Co-op. Societies Act, 1912, Sections 43 (1) and (2) (c) (as applicable in U.P.)).

A.I.R. 1967 All. 121 = 1966 ALL. L.J. 875 = I.L.R. (1966) 2 All. 595

-A bye-law is an agreement amongst the members of a society and if it defeats the principles of law relating to elections it is invalid and cannot give jurisdiction to Registrar to entertain such a dispute. (Madhya Pradesh Co-operative Societies Act. 1961, Section 91).

A.I.R. 1972 Bombay 129 = 1971 Mah. L.J. 961 = I.LR. (1971) Bombay 1572

-The bye-laws contemplated by the Act can be merely those which govern the internal management, business or administration of a society. The might be binging between the persons affected by them, but they do not have the force of a statute. (Bihar and Orissa Co-op. Societies Act, 1935, Section 66).

A.I.R. 1975 Patna 187 = 1975 B.B.C.J. 93

-Old members of the Union could not legitimately object to the revision of the bye-laws by the Registrar under Section 26 (2) increasing the value of the shares. The new bye-laws are valid and binding upon the old members. (Bihar and Orissa Co-op. Societies Act, 1935, Section 26).

I.L.R. 38 Patna 998 = 1959 Pat. L.R. 175 = 1959 B.L.J.R. 468

-Society is competent to frame bye-laws regarding expulsion of members. (Travancore-Cochin Co-op. Societies Act (10 of 1952), Section 96 (2) (o)).

1969 Ker. L.T. 287 = 1969 Ker. L.J. 194

-Occupation of flat by licensee in contravention of bye-laws of Society-Section 91 is attracted. (Maharashtra Co-op. Societies Act (24 of 1961), Sections 98 and 91).

A.I.R. 1975 Bombay 187

-The bye-laws of the Society must be understood in the context of the provisions of this Act. It cannot be said that the past members will have to wait for eternity to recover the deposits. (Maharashtra Co-op. Societies Act (24 of 1961), Section 4).

I.L.R. (1975) Bom. 141 = 1975 Co-op. L.R. 185

-Bye-law made in 1958 providing that membership of person shall cease on his becoming member of another credit society was not saved under proviso to Section 131 as it was inconsistent with Rule 7. (Mysore Co-operative Societies Rules, 1960, Rule 7).

(1967) 1 Mys. L.J. 459

-Sections 12 and 115 of Mysore Co-operative Societies Act do not continue in force by-law 19-B. See Co-operative Societies-Mysore Co-operative Societies Rules, 1960. Rule 16.(Mysore Co-operative Societies Act (11 of 1959), Section 12-Bye-law 19B, made by Co-operative Bank registered under Bombay Co-operative Societies Act).

1963 Mys. L.J. (Supp.) 501

-A bye-law cannot override any provision made in the Act itself under which the bye-law is made. (Andhra Pradesh Co-operative Societies Act, 1964, Section 31).

A.I.R. 1975 Andh. Pra. 213 = 1975 Andh. L.T. 55

-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).

(1972) 2 Lab. L.N. 412 (Madras) = (1979) 55 F.J.R. 270

-Bye-laws made by a Co-operative Bank registered under Act, continue to remain in force after repeal of Act by Mysore Co-operative Societies Act until altered or rescinded. (Bombay Co-operative Societies Act, 1925, Bye-law 198).

1963 Mys. L.J. (Supp.) 501

-Incidental question as to validity of bye-law in question can also be gone into Registrar. (Maharashtra Co-operative Societies Act (24 of 1961), Section 91).

A.I.R. 1967 Bombay 7 = 1966 = Mah. L.J. 514 = 68 L.R. 176 = I.L.R. (1966) Bombay 491

-The term of office of the committee or its members of any co-operative society has to be determined by the bye-laws of that co-operative society. (Andhra Pradesh Co-operative Societies Act, 1964, Section 21-A (b)).

(1971) 2 Andh. W.R. 148

-Bye-law has no statutory force but only has status of only contract. (Tamil Nadu Co-operative Societies Act (53 of 1961), Section 9).

86 Mad. L.W. 756 = (1973) 2 Mad. L.J. 361

-Bye-laws have no force of law. (Travancore-Cochin Co-op. Sections Act (10 of 1952), Section 96 (2) (d)).

1970 Ker. L.J. 382

-The bye-laws of a registered society may provide for election or removal of the President or members of a Committee. Such bye-laws, subject to the provisions of the Act and Rules, have to be followed in holding meetings and conducting proceedings. Where the bye-laws of a registered society stipulate that at least three days’ notice should be given in cases of meeting specially convened and the notice should specify the subject to be brought before the meeting, failure to follow the bye-law will invalidate the meeting. (Madras Co-op. Societies Act (53 of 1961), Sections 20, 26, 27, 28 and Rule 30 of the Co-operative Societies Rules, 1963).

(1966) 2 M.L.J. 366 = 79 Mad. L.W. 711

-Framing of bye-law under Rules 31 (1) (4) must be in conformity with provisions of Rule 8 (2). (Mysore Co-operative Societies Rules, 1952, Rules 3 (1) (4) and 8 (2).

1966 Mys. L.J. 243

-Where the bye-laws make provision for appointment for such period as the Registrar may consider necessary, the appointment of a non-official member as the President and director for a period of one year is valid and he cannot take advantage of Section 27(3)(b) and claim that the appointment is for three years. (Madras Co-op. Societies Act (53 of 1961) Section 27 (1). Second Proviso and 27 (3) (b).

(1968) 2 M.L.J. 439

-Under the Bye-laws of B.Z.S. Bank, registered under the U.P. Co-op. Societies Act, 1912, A class share-holders the Government of U.P. State or and U.P. State Co-op. Bank are to nominate 3 directors to hold office for one year ending with the annual meeting or until others are nominated. (Co-op. Societies Act, 1912, Section 9).

(1969) 1 Comp. L.J. 124 (Allahabad)

-Bye-laws of the Society cannot override the provisions of the Act and the Rules. (M.P. Co-op. Societies Act, 1960, Sections, 7, 64, 49 and 49-B). & (M.P. Co-op. Societies Rules, Rules 41 and 43).

1984 C.T.J. 169

-The provisions of the bye-laws have to be read in consonance with the provisions of the statute. (Punjab Co-op. Societies Act, 1961, Section 26 (1-B) and Bye-law 33).

1984 C.T.J. 10

-The bye-laws that are contemplated by the Act can be merely those which govern the internal management, business or administration of a society. (Andhra Pradesh Co-op. Societies Act, 1964, Bye-laws of co-op. Society framed in pursuance of provisions of the Act).

A.I.R. 1970 Supreme Court 245 = (1970) 1 Mad. L.J. (SC) 68 = 1970 1 Andh. W.R. (SC) 68 = 1970 Lab. I.C. 285

-There is a provision in the bye-laws of the Society made under the old Act authorizing the Registrar to nominate all the members of the Committee in the first instance. (Andhra Pradesh Co-op. Societies Act, 1964, Section 31.

A.I.R. 1976 Andh. Pradesh 340 = 1976 1 A.P.L.J. (‘H.C.) 225

-Provision cannot be said to be not relating to procedure to be followed for amendment of bye-law. (Mysore Co-p. Societies Act, (52 of 1948), Section 129 (2) (d)).

A.I.R. 1966 Mysore 274

-Absence of specific bye-laws providing for payment of honorarium did not invalidate decision of general body. (Karnataka Co-op. Societies Act, 1959, Section 56, Proviso, 26, 65 (2)).

I.L.R. (1979) Kant. 2248

-The provisions of the bye-laws have to be read in consonance with the provisions of the statute. When a given bye-laws provides for a given them for the office-bearers of the Board of Directors, it by implication, envisages that the office-bearers are to be elected by the Board of Directors immediately upon the elections of the Committee of the Board of Directors, as the case may be. If for some reason, the election of the office-bearers is delayed, them the term of the office-bearers would be co-extensive with the terms of the Committee and their term by virtue of any bye-law would not go beyond that term because neither the bye-law nor the statute envisages that the Board of Directors is to function only from the date it has elected its office-bearers. (Punjab Co-op. Societies Act (25 of 1961), Section 26 (1-B and Bye-law 33).

A.I.R. 1983 Pb. 334 = 1982 Rev. L.R. 126 = 1982. P.L.J. 151 = 1982. P.L.R. 208

Cause of Action

-Sec. 70 concerns itself with the cause of action and not the date on which the cause of action arose. (Bom. Co-op. Societies Act, 1925, Sec. 70).

A.I.R. 1962 Mysore 48 = I.L.R. (1961) Mysore 13 = 39 Mys. L.J. 982

-An officer of the society or the society or its committee may commit an act giving rise to dispute subsequently to the officer’s ceasing to be an officer-If the cause of action arose when the officer was an officer of the society but the dispute and the reference of the dispute to arbitration was subsequent to his ceasing to be an officer of the society, Rule 115 would be applicable. (Co-op. Soc. Act, 1912, S. 43-Rules under Rules 115 (iii).

A.I.R. 1966 All. 1965 All. W.R. (H.C.) 496 = 1965 All L.J. 831

-If the bye-laws contemplate that ordinarily the flat should be in possession of its member and if the Society is a party to the proceedings for eviction against such non-tenant for the sake of making the said flat available for the occupation of its member, the Society cannot be said to have no cause of action against the actual occupant of the flat. (Maharashtra Co-operative Societies Act (24 of 1961 Section 91).

A.I.R. 1982 Bom. 243 = 1982 Mah. L.J. 153

Cancellation

-A person who asks for the cancellation of a sale on the ground of material irregularity or mistake or fraud in publishing or conducting it, must be afforded an opportunity of proving that there was such irregularity, mistake or fraud. (Mysore Co-operative Societies Rules, 1952, Rule 38 (5) (a), Proviso and 38 (6)).

12 Law. Rep. 131 = (1967) 2 Mys. L.J. 437

-Cancellation of Registration of Society-Records taken away-Recovery proceedings started-Records not available with the society-Recovery proceedings held to be illegal-Direction given to reassess the liability after affording opportunity. (Sec. 48, Punjab Co-operative Societies Act, 1961).

1980 All India Land Laws Reporter 34

Cashier

-Cashier-Working in a Co-operative Society-Section 22 not applicable. (Punjab Co-operative Societies Act, 1961, S. 22).

1983 (1) All India Land Laws Reporter 418

-Cashier working in a Co-operative Society-Sec. 22 not applicable, (Sec. 22. Punjab Co-operative Societies Act. 1961).

1983 (1) All India Land Laws Reporter 418

Cancellation of Registration

-Cancellation of registration of the Society is a serious matter and has to be preceded by an enquiry provided under the Act and all formalities required to be followed before cancellation have got to complied with. For cancellation in terms of Section 65 (2) (iii) the order of the Registrar must clearly show that society has complied materially with any condition as to registration in the Act, rules or bye-laws and specific violations thereof. All these things in the order of cancellation are made subject of appeal and the appellate authority also has got to find out whether pre-conditions for cancellation of registration have been fulfilled or not. (Assam Coop. Societies Act, 1949, Sections 65 (2) (iii), and (5), 80 (3)).

I.L.R. (1968) 20 Assam 325

-Cancellation of registration of Co-op. Society-Legality of order-Rejecting of appeal on ground that no law points are made out. (Assam Co-operative Societies Act, 1949, Section 80 (3)).

I.L.R. (1968) 20 Assam 325

Candidates Nomination

-Candidate’s nomination for one class should be proposed/ seconded by members of that class only. (Orissa Co-op. Societies Rules, 1965, 30-A (5)(b)).

I.L.R. (1975) Cut. 109

Calendar of Events

-Rule 14(b) (2), Karnataka Co-op. Societies Rules, 1960 restricts the powers of the Returning Officer in details in conducting election after issuing calendar if events and not in respect of powers of the Committee of Management or General Body antecedent to the issue of calendar of events. There-fore, admission of members afresh and including their names in the voters’ list before issuing calendar of events was not within the competence of the Returning Officer, (Karnataka Co-op. Societies Rules, 1960, Rule 14 (b) (2)).

A.I.R. 1984 Kar. 127 = 1983 (2) Kant. L.J. 479

Cane Growers Section

-The provisions contained in the U.P. Co-operative Societies Act and the rules framed thereunder were to govern and regulate the affairs of the cane growers Societies, also (U.P. Co-op. Soc. Act (11 of 1966), S. 70).

1971 All L.J. 1339

-Dispute relating to constitution of Managing Committee of a cane growers Society-District Magistrate has jurisdiction. (Uttar Pradesh Co-operative Societies Act (11 of 1966), Section 71).

1971 All. L.J. 1339

Calculation

-Calculation of share capital of Federation for determining percentage of Government in the share holding. (Uttar Pradesh Co-operative Societies Act (11 of  1966), Section 34).

A.I.R. 1973 S.C. 1068 = (1973) 1 S.C.C. 398 = (1973) 5 Civ. App. J. 172 (SC) = (1973) 3 S.C.R. 402

Chairman

-Section 73-A does not treat Chairman of one Society differently from the Chairman of another Society. (Maharashtra co-operative Societies Act, 1960 (17 of 1961), Sections 73-A (1) read with S. 2(2).

A.I.R. 1984 Bom. 81 = 1983 Mah. LJ 719 = 1984 (26) Co-op. LJ 144

-District Magistrate-Can function as a chairman of the Society. (Uttar Pradesh Co-operative Societies Act (11 of 1961), Section 34.

A.I.R. 1971 All. 476 = 1971 All. L.J. 523

Choice of Symbol

-The requirement as regards the expression of choice of symbol is only directory. (Andhra Pradesh Co-operative Societies Rules, 1964, Rule 22).

(1979) 2 Andh. W.R. 284

Challenge to votes

-Challenge to vires of bye-law-Dispute regarding-Reference for arbitration cannot be made. (Sec. 55, Punjab Co-op. Societies Act, 1961).

1977 PLJ 81

Charges

-Charges and irregularities set out against the Committee were based on Audit Reports-Decision of the Registrar to supersede the Society was not based on any material in respect of which the Committee had no opportunity to meet-Committee was not entitled to any further opportunity besides the show cause notice. (Karnataka Co-operative Soc. Act. 1959, Section 30).

I.L.R. (1973) Karnataka 1170

Certificate for Recovery etc.

-Award-Execution of by Civil Court Certificate of recovery is Statutory requirement-Award not to be executed as a decree of Civil Court unless a certificate is obtained from Registrar Co-operative Societies (Sec. 63, Punjab Co-operative Societies Act, 1961).

1980 All India Land Laws Reporter 491

-The certificate issued by the Registrar under Section 117(1) after an enquiry is conclusive so far as the proceedings under the Act are concerned. (Andhra Pradesh Co-operative Societies Act (7 of 1964), Section 117).

1974 Co-op. L.R. 210 = 1975 Co-op. L.R. 119 = (1975) 10 Co-op. L.J. 202 = (1974) 1 An. W.R. 24

-Certificate under Section 100 issued without enquiry is liable to be quashed. (Karnataka Co-op. Societies Rules, 1960, Rule 33 (b) (6).

I.L.R. (1977)1  Kant 650

-Certificate from the Registrar-Question as under which part it was issued is not material for determining jurisdiction. (Co-operative Societies Act, 1912, Section 43 and Rule 33).

1969 Jab. L.J. 168 = 1969 M.P.W.R. 137 = 1969 M.P.L.J. 246

-Notice of general meeting of Society sent to members under Rule 18 under certificate of posting-Notices must be taken to have been sent as required by Rule 18. (Rajasthan Co-operative Soc. Rules, 1966, Rule 18).

1977 W.L.N. (U.C.) 2

Reference and award under-Certificate Court cannot sit in judgment over an award given by Registrar under Section 48 or over an appellate order passed by Joint Registrar. (Bihar and Orissa Co-op. Soc. Act. 1935, S. 48).

(1966) I.L.R. 45 Patna 1067

Centralized Cadre

-Under Section 115 the Central Mortgage Bank has no power to create a centralized cadre of service from among the employees of mortgage banks which are members of Central Mortgage Bank. (Andhra Pradesh Co-operative Societies Act (7 of 1964), Section 130 (1) read with Section 115 & Rules under, R. 70).

A.I.R. 1974 Supreme Court 1692 = (1975) 10 Co-op. L.J. 193 =  (1975) 1 Andh. W.R. (S.C.) 11 = 1974 Co-op. L.R. 302

Certified Copy

-Time taken for obtaining certified or attested copy of order or award appealed against to be excluded. (Kerala Co-operative Societies Rules, 1969, Rules 68, 98 (1)).

1979 Ker. L.T.894

Ceasing to be Member

-Bye-law made in 1958 providing that membership of person shall cease on his becoming member of another credit Society was not saved under proviso to Section 13) as it was inconsistent with Rule 7. (Mysore Co-operative Societies Rules, 1960, Rule 7).

(1967) 1 Mys. L.J. 459

-A person who is disqualified or becomes disqualified to be a member of the Committee of a Society is liable to be declared as having ceased to be a member of the committee of a Society from the date of such disqualification. (Andhra Pradesh Co-operative Societies Act, 1964, Section 21-A (h).

(1971) 2 Andh. W.R. 148

-Cessation of membership-Membership confers certain rights on the members-There has to be some conscious and express decision terminating the membership. (Punjab Co-operative Societies Rules, 1963, Rule 26).

1985 (1) All India Land Laws Reporter 16

-Cessation of membership-Registrar alone is competent to pass such an order Section 26-A (3) (a), Punjab Co-operative Societies Act, 1961).

1974 Co-op. L.R. 114

-Cessation of membership of committee-It cannot be said that member would cease to hold office as soon as there was default-Specific order held to be necessary. A.I.R. 1973 Pubs  ‘Hary. 13 Rel. on. (Rule 26, Punjab Co-operative Societies Rules, 1963).

1974 Co-op. L.R. 1

-While the cessation of membership of the committee is automatic, if a member becomes disqualified, when a dispute is raised as to whether a person has incurred the alleged disqualification or not, that allegation has to be enquired into after notice by the competent authority and a finding arrived at as to whether a particular member has become disqualified or not. Once a finding is reached and a decision is given by the competent. Authority that a member has incurred the disqualification, no further action on the part of any authority in necessary in order that the cessation of membership may operate. (A.P. Co-operative Societies Act ( 7 of 1964), Sections 21A, 61 and 62).

A.I.R. 1983 Andh. Pradesh 83 = 1983 (19) Co-op. L.J. 148

-Whether a member has ceased to be a member or not-Prior finding must be given by Competent Authority-A member does not cease to hold office unless and until competent Authority passes an order in that behalf-Infringement of rights of members to manage the affairs of Society by executive-To be looked upon with extreme disfavour. (Punjab Co-operative Societies Act (25 of 1961) s. 27. (Rule 26, Punjab Co-op. Societies. Rules 1963).

1972 PLJ 363

Ceasing to be a Member

-Cessation of member-Section 26-A, 26-B, 26-BB and 26-C are latter amendments in the form of explanatory provisions of-Section 26-Later introduction-Does not deprive the use of Rules existing before their introduction-Does not deprive the use of Rules existing before their introduction-Rule 26 can be beneficially utilized in aid of Section 26-C Punjab Co-operative Societies Act (25 of 1961) Section 26-C and 85 (2) (x), (Rules 26, Punjab Co-operative Societies Rules, 1963).

1981 All India Land Laws Reporter 211

Creditors

-Persons are having bank account-If creditors-Held, that the petitioners who had bank accounts were creditors and clearly fell within the ambit of section 13(9) (a) of the Act and were entitled to a copy of the proposed order of amalgamation in order to file-objections against the same. Sec. 13 (9) (a), Punjab Co-operative Societies Act, 1961).

1981 All India Land Laws Reporter 73

-Depositor in a Co-operative Bank. Held to be a creditor within meaning of Section 13 (9) (a)-Entitled to a copy of proposed order of amalgamation in order to file objection against the same. (Section 13 (9), Punjab Co-operative Societies Act, 1961).

1981 All India Land Laws Reporter 73

-Section 34 does not violate Article 14 of the Constitution mainly because the power exercised by the State Government under this section is not in discharge of its sovereign function but is one which is integrally connected with its status as a creditor or a subscriber of the Co-operative Society. (Uttar Pradesh Co-op. Societies Act (11 of 1966), Section 34).

1979 All. L.J. 244

Creation of Liability etc.

-Liquidator merely filing the proforma appended to the Rules not applying his mind-Deputy Registrar affirming the order in appeal-Order set aside-Liquidator cannot create liability by merely filing the proforma appended to the Rules. (Punjab Co-operative Societies Act, 1961, Sections 58 and 59 Punjab Co-operative Societies, 1963, Rule 79, Appendix G).

1983 (1) All India Land Laws Reporter. 568

-Creation of Committee by Administrator-Cannot act beyond the period for which Administrator himself is appointed-Constituting of a Committee by Administrator to function beyond the priod for which Administrator himself appointed held to be illegal. Sec. 26)-D, Punjab Co-operative Societies Act, 1961).

1974 P.L.J. 568

Criminal Misappropriation

-Charges of criminal misappropriation and misfeasance-The burden in all such cases lies on the complainants. (Maharashtra Co-operative Societies Act, (24 of 1961), Section 83 (1)).

(1977) 3 U.C.R. (Bombay) 78

-Criminal misappropriation by an officer connected with the Co-operative Society is not one of offence for which sanction for prosecution of the Registrar under Section 47 is necessary. (Bihar and Orissa Co-op. Societies Act, 1935, Section 47, 45 and 46).

A.I.R. 1957 Orissa 165 = 1957 Cri. L.J. 899 = I.L.R. (1957) Cut. 363 = 23 Cut. L.T. 352

Criminal Breach of Trust

-The charge of ‘breach of trust’ in the surcharge proceeding under Section 49 of the Madras Co-operative Societies Act cannot be equated with criminal breach of trust’ under the provisions of Criminal Procedure Code Continuous willful negligence on the part of the directions, inaction in enforcing the provisions of Bye-laws or Rules, lack of proper supervision and control over the affairs of the Society which they are obliged to perform under the provisions of the Act, Rules or Bye-laws resulting in consequential loss to the Society would tantamount to breach of trust within the meaning of Section 49 (1) of the Madras Co-operative Societies Act. But it has to be found by the tribunals with reference to the materials on record and also with reference to he specific obligation of the direction under the provisions of the Act, Rules or Bye-laws. (Madras Co-op. Societies Act (6 of 1932), S, 49).

A.I.R. 1984 Orissa 32 = 1984 (2) Co-op.L.J. 124

Claim

-Section contemplates the claim against the delinquent person being taken cognizance of by the Registrar either suo motto or on application to him by the Committee or liquidator or creditor or contributory. (Madras Co-operative Societies Act ( 6 of 1932), S. 49 (1)).

A.I.R. 1957 Mad. 634 = I.L.R. (1957) Mad. 371 = (1956) 2 Mad. L.J. 613 = 69 Mad. L.W. 947

-A claim by the nominee of an insured person against a Co-operative insurance Society for payment of what is due under a policy is a dispute touching the business of his Society. (Madras Co-operative Societies Act (6 of 1932), Section 51 (1) (b)).

A.I.R. 1955 Mad. 694 = I.L.R. (1956) Mad. 547 = 68 Mad. L.W. 641 = 1956 Mad. W.N. 306 = (1955) 2 Mad. L.J.363

-Where a person against whom the claim was made, was not a member of the Society at the time of the transaction in respect of which the dispute has subsequently arisen the dispute does not fall within Section 51 even though at the time of the dispute he was a member of the Society. (Madras Co-operative Societies Act (6 of 1932), Section 51).

(1956) 1 Mad. L.J. 36

-When a claim is made by a Society in a reference under Section 54 of the Bombay Co-operative Societies Act, no question of the Claim being barred by limitation under the Limitation Act can arise (Bombay Co-operative Societies Act, 1925, Section 54).

1962 Mys. L.J. (Supp.) 257

-Claim made under Section 51 (1) to the Deputy Registrar on whom powers under Section 51 (1) and (2) have been conferred and the Deputy Registrar considering himself both the Registrar and an arbitrator decides the dispute the award is illegal. (Madras Co-operative Societies Act (6 of 1932), Section 51).

A.I.R. 1950 Madras 63 = (1949) 2 Mad. L.J. 247 = 1949 Mad. W.N. 574

-Claim by member against Society resisted-It raises dispute touching business of Society. (Mysore Co-op. Societies Act (52 of 1948). S. 70 (1) (b)).

(1967) 10 Law. Rep. (Mysore)

-Section 48 not applicable to Claim for money lent to Society by a statutory body like Khadi and Village Industries Commission. (Bihar and Orissa Co-operative Societies Act, 1935, Section 48).

A.I.R. 1974 Pat. 313 = 1974 B.L.J.R. 335 = (1975) 11 Co-op. L.J. 42

-Claim for money by past member-Vague averment-Cognizance of suit by Civil Court-Whether barred. (Travancore Co-operative Societies Act (5 of 1112-ME) Section 61, 60).

A.I.R. 1961 Kerala 258

-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

-Claim for arrears of salary of Co-operative Society’s past officer-Falls within the jurisdiction of the Registrar of Co-operative Societies. (Tamil Nadu Co-operative Societies Act (53 of 1961), Section 73).

(1973-74) Co-op. L.J. 34 (Madras) 85 Mad. L.W. 511

-Nature of proof required in a claim suit under Rule 135(4). (Orissa Co-operative Societies Rules, 1965, Rule 135(4)).

I.L.R. (1979) 1 Cut. 109

-Claim against Co-operative Society-Society not impleaded -Members of Managing Committee impleaded -Effect. (Travancore-Cochin Co-operative Societies Act (10 of 1952) Sec. 24).

A.I.R. 1961 Kerala 258

-Society claiming rent or damage for use and occupation from stranger-Act does not touch the business of Society-Assistant Registrar had no jurisdiction under the Act. (Madhya Pradesh Co-op. Societies Act, 1961, S. 64(1).

A.I.R. 1973 Madh. Pra. 158 = 1973 Jab. L.J. 255 = (1973) 9 Co-op. L.J. 230 = 1973 M.P.W.R. 109

-Claim to recover amounts on regulation being made by the Registrar Co-operative Societies can only be realizable under U.P. Land Revenue Act if the Registrar could ask for it under Section 42 (a)). (Co-operative Societies Act, 1912 Section 42).

A.I.R. 1957 Allahabad 492

Clearance Certificate

-Clearance certificate-Not necessary to attach with nomination papers-Such a requirement-Neither has sanction of law based on reason. (Rules 25, Punjab Co-operative Societies Rules, 1963).

1976 P.L.J. 211

Classification

-The expression ‘such Society’ in Section 73BB refers only to a Society on of several societies which is not similarly circumstanced to other Societies in the same classification or sub-classification. (Maharashtra Co-operative Societies Act (24 of 1961), S. 73 BB).

A.I.R. 1983 Bombay 317

Civil Contempt

-Deputy Registrar ordering supersession of a Society during pendency of say order-No civil contempt (Madhya Pradesh Co-operative Societies Act, 1961 Section 53).

A.I.R. 1975 Mad. Pard. 134 = 1975 Jab. L.J. 135 = (1975) 11 Co-op. L.J. 190

Civil Proceedings

-The Registrar while adjudicating the dispute under Section 6 is for all interest and purposes a 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 Nominees 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-op. Societies Act (10 of 1962), S. 96).

A.I.R. 1985 Gujarat 78

Civil Rights

-The right of the Co-operative Society itself to hold property is not a civil right but is a creature of the Co-operative Societies Act and the Rules. (Uttar Pradesh Co-operative Societies Rules, 1966 Rule 31).

1968 All. L.J. 43

Civil Remedy

-Provision of civil remedy in Section 54 and 55-Does not bar criminal prosecution for misappropriation or breach of trust. See Penal Code (1960), Sec. 406 (Sec. 54, Punjab Co-operative Societies Act, 1961).

1978 Cri. L.J. 609 (Pb)

-Provision of civil remedy do not bar criminal prosecution for misappropriation or breach of trust. (Sec. 55, Punjab Co-op. Soc. Act, 1961),

1978 Cr. L.J. 609 (Pb.)

Civil Suit

-Civil suit for salary arrears is not maintainable. (Madras Co-operative Societies Act (6 of 1932), Section 51).

1970 Ker. L.J. 757

-Award-Suit to set aside award-Copy of award necessary. (Bihar & Orissa Co-operative Societies Act, 1935, Sections 52 (e), 48).

I.L.R. (1964) Cut. 86

-Wrong order of Collector-Person aggrieved filing suit to seek redress-Suit is maintainable (Bengal Co-op. Societies Act (21 of 1940), S.101.

A.I.R. 1955 N.U.C. (Calcutta) 5351

-Suit in civil Court for permanent injunction restraining secretary to proceed with case before arbitrator and for declaration that Registrar or Deputy Registrar had no jurisdiction-Maintainability. (Bengal Co-operative Societies Act (21 of 1940), Section 87 (1)(c)).

A.I.R. 1962 Calcutta 408

-Contrary to the interest, reputation and stated objects of the Society-Filling of civil suits challenging inclusion of certain members or the holding of election-Not covered by the term (Punjab Co-op. Societies Act, 1961).

1980 All India Land Laws Reporter 19

-Bye-laws of a Society providing removal of a member, if he acts contrary to the interest, reputation and stated objects of the Society-Filling of civil suit challenging elections not covered by the term. (Sec. 15, Punjab Co-operative Societies Act, 1961).

1980 All India Land Laws Reporter 19

-Member of Society entering upon land of Society a trespasser -Civil suit competent-Arbitration proceedings not maintainable. (Sec. 55. Punjab Co-operative Societies Act, 1961).

1983 (1) All India Land Laws Reporter 508

-Member of Society entering upon land of Society as a trespasser -Civil suit competent-Arbitration proceedings not maintainable. (Punjab Co-operative Societies Act, 1961, Sections 55, 56 and 82 (1) (c)).

1983 (1) All India Land Laws Reporter 508

-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

-The expression ‘Court’ is not defined in the Criminal Procedure Code and is not restricted to Courts, Civil, Revenue or Criminal and includes other tribunals also. A mere duty to act judicially either expressly imposed or arising by necessary implication of the nature of the duties, required to be performed, does not of itself make a tribunal-Judicial or quasi-judicial -A ‘Court’ within the meaning of Section 195, Criminal Procedure Code. (Maharashtra Co-operative Societies Act (24 of 1961), Section 95, 96 2 (2)).

A.I.R. 1969 Supreme Court 724 = (1969) 5 Co-op. L.J. 60 = (1969) 3 S.C.R. 185. = 1969 Mah. L.J. 597

-Registrar’s nominee is not a ‘Court’ within Section 195, Criminal Procedure Code. (Maharashtra Co-operative Societies Act (24 of 1961), Section 96).

A.I.R. 1969 Supreme Court 724

-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 49).

1978 Ker. L.T. 256

-Assistant Registrar exercising powers of Registrar is a Court. (Bihar and Orissa Co-operative Societies Act, 1935, Section 48).

A.I.R. 1967 Supreme Court 1494 = 1967 Cr. L.J. 1380

-Deputy Registrar exercising jurisdiction in election dispute is a Court. However, where by an order the Deputy Registrar stayed the functioning of a newly elected Managing Committee untill further orders, the Minister in exercise of powers under Section 65-A would be competent to interfere with the order and stay the operation of the order passed by the Deputy Registrar. (Bihar and Orissa Co-operative Societies Act, 1935, Sections 48, 65-A).

A.I.R. 1982 Patna 48. = 1981 B.L.J.R. 115

-Assistant Registrar exercising powers of Registrar is a Court. (Bihar and Orissa Co-operative Societies Act, 1935, Section 48).

A.I.R. 1965 Patna 227 = 1965 (1) Cri. L.J. 748

-Magistrate functioning under Section 37 of Rajasthan Co-operative Societies Act (XIII of 1965) is not ‘Court. (Rajasthan Co-operative Societies Act (13 of 1965), Section 37).

1969 Cri. L.J. 1193 = I.L.R. (1969) 19 Rajasthan 60

-Registrar’s nominee is not a ‘Court’ within Section 195, Cr. P. Code. (Maharashtra Co-operative Societies Act (24 of 1961), Sec. 2 (2)).

A.I.R. 1969 Supreme Courts 724 = 1969 Cr. L.J. 1069

-Dispute between Society and its employee referred to arbitrator who gave his award against employee without notice to him and the employee instituted a suit for declaration that award decree is void and for injunction to restrain the Society from executing it-Held that the award not being void a suit was one covered by Section 55 of the Act and was barred under Section 82(3). (Sec. 82, Punjab Co-operative Societies Act. 1961).

I.L.R. (1963) 2 Punjab. 200 (DB)

-A person stood surety for the Society-Suit against Society could, therefore, not go to the Registrar, Civil Court alone ha jurisdiction. (Madhya Pradesh Co-operative Societies Act, 1961, Sec. 64 (1)).

1978 Jab. L.J. 340 = 1978 M.P.L.J. 271

-A plain reading of Section 55 would indicate that at least within the specific context of a statutory arbitration under Section 56 of the Societies Act and the Award rendered therein th legislature has imposed a triple bar in pre-emptory terms for excluding the jurisdiction of the Civil Courts. This would inevitably oust the application of Section 33 of the Arbitration Act because it cannot be denied that the same has to be enforced in that forum alone. Section 55 aforesaid expressly lays down, that disputes filling within its ambit would be referred to the Registrar for decision and no Court shall have jurisdiction to entertain any suit or other proceedings in respect thereof. The use of such wide language as, other proceedings’ is significant. Again Section 82(1) (c) of the Societies Act in terms bars the jurisdiction of the civil or revenue Courts in respect of any dispute required to be referred to the registrar under Section 55-A general exclusion in then spelt out in Section 82 (3) providing that no Award made under this Act shall be questioned in any Court on any ground whatsoever except as provided in the ‘Societies Act’ itself, The wide amplitude of the language used herein is again worthy of pointed notice. (Punjab Co-op. Societies Act (25 of 1961), Sections 55, 56 and 82).

A.I.R. 1983 Pb. and Har. 19 = 1983 (19) Co-op. L.J. 227 = 1983 P.L.R. 161 = 1982 P.L.J. 408

-Dispute between employee of Society and Society- Jurisdiction of Civil Court is barred. (Uttar Pradesh Co-op. Societies Act (11 of 1966), Section 70 and 111).

1975 1 All.L.R. 113

Court

-Registrar is Civil Court. (Madras Co-op. Societies Act (6 of 1932), Section 57-A).

A.I.R. 1954 Madras 340

-Bar of Civil Court’s jurisdiction-If and when applies to suit for title to Properties attached by Co-operative Society in execution of award-Section 100. (Kerala Co-operative Societies Act, 1969 S. 2 (1)).

1975 Ker. L.T. 363

-Civil Court has no jurisdiction to try any suits unless there was miscarriage of justice in giving the award. (Co-operative Societies Act, 1912, Section 43 & U.P. Co-operative Societies Rules, 1936, Rule 115).

A.I.R. 1972 All. 543 = 1972 All. W.R. (H.C.) 407

-The dispute in question regarding the business of the Society, namely, that advancing loans. The plaintiffs were bound to refer the dispute to the Registrar of Co-operative Societies. The Civil Court cannot entertain a suit regarding a dispute which under Section 64 of the present Act should be referred to the Registrar of Co-operative Societies. (Madhya Pradesh Co-operative Societies Act, 1961, Section 96 64, 82 and Bhopal State Co-operative Societies Act, 1937, Section 734).

1970 M.P.L.J. (Notes) 93

-Ouster of Civil Court’s jurisdiction-Dispute ought to touch constitution management or business of Society. (Madhya Pradesh Co-operative Societies Act. 1961, Section 82 (1) (e)).

1979 M.P.L.J. 203

-Sale of grain pledged by the member in lieu of loan-Jurisdiction of Civil Court barred. (Madhya Pradesh Co-operative Societies Act, 1961, Section 82 (1) (c)).

A.I.R. 1977 N.O.C. 374 (Madhya Pradesh)

-Civil Courts can examine is jurisdictional conditions are fulfilled. (Bombay Co-operative Societies Act, 1925, Sec. 26).

A.I.R. 1971 Delhi 141

-High Court can suo moto interfere as the proceedings in Civil Court were entirely misconceived. (Madhya Pradesh Co-operative Societies Act, 1961, Section 82).

1972 M.P.L.J. 997 = 1973 M.P.W.R. 128 = 1972 Jab. L.J. 647

-Civil Court has no jurisdiction to challenge the validity of an order passed in dispute under Section 48. (Bihar and Orissa Co-operative Societies Act, 1935, Section 57).

(1974) 2 Cut. W.R. 881

-Order under Rule 69 (1) is in effect order by Civil Court. (Madhya Pradesh Co-operative Societies Rules, 1962, Rule 69 (1) and (3)).

(1974-75) 10 Co-op. L.J. 20

-Registrar while making order under Section 63 (2) functions as Civil Court. (Madhya Pradesh Co-operative Societies Act, 1961, S. 63 (2)).

(1974-75) 10 Co-op. L.J. 20

-Principles for exclusion of jurisdiction of civil court. (Bihar & Orissa Co-operative Societies Act, 1935, Section 57, 44 (3)).

A.I.R. 1953 Orissa 300

-Section 57 (3) clearly vests jurisdiction in the Civil Court in cases where an award is passed without jurisdiction. (Bihar & Orissa Co-operative Societies Act, 1935, Section 57 (3)).

(1964) 30 Cut. L.T. 509

-Code of Civil Procedure, Section 9-Jurisdiction of Civil Court-Notice should be sent under Section 79 of the Co-operative Societies Act, 1961-Suit when maintainable-Notice sent under postal certificate-Section 76 held to be duly complied. (Punjab Co-operative Societies Act, 1961, Sections 79).

1983 (1) All India Land Laws Reporter 128

-The provisions of Sec. 57 have to be read together so as to find out the real meaning of that section-Once it is found that the award is without jurisdiction, the matter comes under Sec. 57 (3) and under the jurisdiction of the Civil Court to entertain the suit. (Bihar & Orissa Co-op. Societies act, 1935, Sec. 57 (2) and (3)).

(1964) 30 Cut. L.T. 509

-The jurisdiction of the Registrar under Sec. 69 to arbitrator is conterminous with the juisdiction of the ordinary Civil Courts. (Kerala Co-op. Societies Act, 1969. Sect. 69 (c)).

A.I.R. 1978 Ker. 126 = (1978) 2 Lab. L.J. 299 = 1978 Ker. L.T. 249 = (1978) 14 Co-op. L.J. 321

-Bar of Civil Court’s jurisdiction-If and when applies to suit for title to properties. (Kerala Co-op. Societies Act, 1969, Sec. 69).

1975 Ker. L.T. 363

-Sub-section (2) of Sec. 41 requires that it is for the liquidator to determine those matter and the jurisdiction of a Civil Court is thus barred. (Co-op. Societies Act, 1912, Sec. 42 (6) & Bharatpur State Co-op. Societies Act (1 of 1915). Sec. 41 (6).

A.I.R. 1960 Raj. 148 = I.L.R. (1959) 9 Raj. 1151 = 1959 Raj. L.W. 484

-Relation of Society and employee is purely of master and servant-Civil Court cannot grant declaration of dismissal order being void. (Kerala Co-op. Societies Act, 1969, Sec. 69).

I.L.R. (1975) 1 Ker. 364

-Even if jurisdiction is so expressly excluded, the Civil Courts have jurisdiction to examine into cases not only where the provisions of the Act have not been complied with but also where the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. (Co-op. Societies Act, 1912, Sec. 42 (6)).

A.I.R. 1955 Nag. 262 = I.L.R. (1956) Nag. 51 = 1955 Nag. L.J. 649

-Civil Courts have no jurisdiction to examine the order passed under Sec. 42 of the Act except on the ground that the liquidator has no jurisdiction to make the order. (Punjab Co-op. Societies Act, 1912, Sec. 42).

(1956) 58 Pun, L.R. 408

-An arbitrator under the Act cannot be a Civil Court. The award of the arbitrator assumes the character of a decree only by the deeming provision contained in Sec. 76. (Kerala Co-op. Societies Act, 1969, Sec. 70).

1979 Ker. L.T. 629

-It cannot be said that the jurisdiction of the Civil Court to entertain the disputes is barred only in respect of categories of disputes mentioned in Clauses (a), (b) and (c) of sub-section (2). (Raj. Co-op. Societies Act (13 of 1965), Sec. 75 (1) (2)).

(1972) 8 Co-op. L.J. 284 (Raj.)

-The dispute was between a Society and a non-member in respect of a claim for commission for the supply of sugarcane and interest thereon. The Lordship holds that the dispute was beyond the purview of Sec. 48 of the Bihar and Orissa Co-op. Societies Act, 1936, firstly, because the dispute was with a non-member and secondly, was not a kind which could be referred to the Registrar for adjudication. In the present case the dispute was one which fell within the ambit of Sec. 64 (1) (b) if he still was a member and in any event, under Sec. 64 (1) (c) of the Act, if he had ceased to be a member of the Society. The jurisdiction of the Civil Court was barred by Sec. 82 (1) (c). The jurisdiction of the Civil Court being barred, the Court was coram non-judice and its decree was, therefore, a nullity. (M.P. Co-op. Societies Act, 1961, Sec. 82 (1) (c), 64 (1) (b) and 64 (1) (c)).

1970 M.P.L.J. (Notes) 50

-The policy underlying the Act is that the jurisdiction of the Civil Courts with respect to disputes filling under Sec. 70 shall be excluded and that such disputes shall be decided by the machinery created by the Act. Therefore, the Legislature by Sec. 70 (3) has not only provided the authority who shall decided the dispute if one should arise relating to the jurisdictional issue but also made the decision of the Registrar thereon final. (Kar. Co-op. Societies Act, 1959, Sec. 70 (3), 105, 107).

I.L.R. (1975) Karnataka. 1641

-Ouster of Civil Court’s jurisdiction touch the constitution, management or business of Society. (M.P. Co-op. Societies Act, 1961, Sec. 64 (1) and 82 (1) (c).

1979 M.P.L.J. 203

-The words ‘expressly or impliedly barred’ in Sec. 9 of Code of Civil Procedure mean  barred by an Act of the Legislature. Therefore, a rule made by the executive is incompetent to deprive the Civil Court of its jurisdiction conferred by statute unless every member of the Society has agreed in writing at the time of admission to abide by it and submit his disputes to arbitration. (Co-op. Societies Act, 1912, Sec. 43) & Rules under-(U.P. Rules), Rule 115).

A.I.R. 67 Allahabad 134

-Civil Court can intervene if order of liquidator is shown to be ultra vires. (Co-op. Societies Act, 1912, Sec. 42).

A.I.R. 1932 Nag. 48

-If the transaction between a co-op. Society and a person other than the member of the Society has been entered into under the provisions of Sec. 45, then only the dispute arising out of such transaction would fall within the purview of Sec. 91 (1) and would preclude the Civil Court from entertaining a suit bearing on that dispute. (Maharashtra Co-op. Societies Act (24 of 1961), Sec. 45, 91 (a), (c) and 2 (21)).

A.I.R. 1970 Goa 32

-Sec. 163 operates as bar to Civil Court’s jurisdiction in respect of matters mentioned in Clause (a) to (c). (Maharashtra Co-operative Societies Act (24 of 1961), Sec.163).

A.I.R. 1970 J. & K . 148

-All questions relating to execution of award must be decided under Section 47 of Civil Procedure Code, 1908, by a Civil Court. (Maharashtra Co-op. Societies Act (24 of 1961), Section 154).

A.I.R. 1974 Madras 295

-Code of Civil Procedure Section 9-Jurisdiction of Civil Court-Notice should be sent under section 79 of the Co-op. Societies Act, 1961-Suit when maintainable-Notice sent under postal certificate-Section 79 held to be duly complied. (Sec. 69, Punjab Co-op. Societies Act. 1961.

(1983) (1) All. India Land Laws Reporter 128

-Where dispute between a Society and its officer, the Civil Court will have the jurisdiction to entertain the suit. (U.P. Co-op. Societies Rules, 1936 Rules 115, 134).

A.I.R. 1981 Supreme Court 152 = 1980 All LJ 1073 = 1981 (1) SCR 558

-Civil Court has jurisdiction to consider the liability of a past member. (Co-op. Societies Act, 1912, Section 42).

A.I.R. 1936 Madras 574

-In order to attract Rule 115 it must be show (a) that the dispute is the one touching the business of the Co-op. Society; and (b) that it is between the society and any officer of the Society. Both the conditions have to be cumulatively fulfilled before Rule 115 is attracted which would result in ouster of the jurisdiction of the Civil Court in respect of dispute in view of the provision contained in Rule 134. (U.P. Co-op. Societies Ruls, 1936, Rules 115, 134).

A.I.R. 1981 Supreme Court 152 = 1980 All LJ 1073 = 1981 (1) SCR 558

-Once the conclusion is reached and the respondent comes within the mischief of Section 68 (1)(a) of the Co-op. Societies Act, the jurisdiction of the Civil Court is certainly ousted in view of the clear provision in Section 121 of the Act. It is unnecessary to refer to certain authorities cited at the bar on this aspect of the matter. Once exclusive jurisdiction is created, it is not open to the parties by their consent to agree upon arbitration. The contract in question containing the arbitration clause is after all the outcome of an agreement between the parties. An agreement of this type cannot modify the statutory mandate, and parties could not, in derogation of the provision contained in Section 68, confer jurisdiction on the arbitrator. (Orissa Co-op. Societies Act, 1963, Section 68(1) and 121).

A.I.R. 1982 Orissa 1 = 53 Cut. LT 150

-filing suit for recovery of money-Jurisdiction of Civil Court is not excluded by Section 70 to entertain the suit. (Karnataka Co-op. Societies Act, 1959, Section 70).

(1972) 1 Mys. L.J. 365 = (1972) 8 Co-op. L.J. 175

-The expression ‘Civil Court’ in Section 101 (a) has to be given the meaning assigned to it in its definition in Section 2 (b) of the Civil Court Act as it has not been defined either in the Karnataka Co-op. Societies Act or in the Karnataka General Clauses Act. (Karnataka Co-op. Societies Act, 1959, Sections 16, 17, 70, 71 and 101).

(1974) 2 Kant. L.J. 322 = I.L.R. (1974) Kant. 1228

-The expression ‘be deemed to be a decree of a Civil Court’ implies a decree of the appointment Civil Court. (Karnataka Co-op. Societies Act, 1959), Sections 16, 17, 70, 71 and 101).

I.L.R. (1974) Kant 1228 = (1974) 2 Kan. L.J. 322

-Order passed in dispute under Section 48-Civil Court has no jurisdiction to challenge its validity under Section 57. (Bihar and Orissa Co-op. Societies Act, 1935, Sections 48, 57).

(1974) 2 Cuttack W.R. 881

-Expression ‘Civil Court’ means as defined in Section 2 (b), Civil courts Act. (Karnataka Co-op. Societies Act, 1959, Sec. 71).

(1974) 2 Kant. L.J. 322

-Appeal to Tribunal against award of Registrar’s nominee-Tribunal deciding reference made by Registrar as incompetent-Civil Court could decide question  afresh whether it had jurisdiction to try suit. (Mysore Co-op. Societies Act (52 of 1948), Section 70(1)(b)).

(1967) 10 Law. Rep. 805 (Mysore)

-Exclusion of jurisdiction of Civil and Revenue Courts-Sec. 82 (c) provides that no civil or revenue Court shall have jurisdiction in respect of disputes u/s 55 Concluding portion of Sec. 55 (1) bring specified disputes and parties enumerated in Section 55 within realm of statutory arbitration alone to the entire exclusion of Civil and Revenue Courts. (Sec. 55, Punjab Co-op. Societies Act, 1961).

1982 All India Land Laws Reporter 360

-Dispute regarding illegal termination of service-Jurisdiction of Civil Court to entertain suit for relief is barred under Section 91 (3) Maharashtra Co-op. Societies Act (24 of 1961) Section 91 (1) (a) and (3).

1979 Mah. L.J. 210

-Civil Court cannot declare award void for refusal of adjournment sought by one of parties. See. C.P.C. (1908), S. 47. Rule 55, Punjab Co-op. Societies Rule, 1963).

A.I.R. 1972 Punj. 687

-Award made under Section 55-Jurisdiction of Civil Court-Civil Court would have jurisdiction when the award is made ex parte-Question whether award has been made x parte or not has to be determined after recording evidence-Question of jurisdiction decided without recording evidence-Procedure adapted held to be illegal, (Sec. 63, Punjab Co-op. Societies Act, 1961).

1980 All India Land Laws Reporter 347

-Bar of jurisdiction of civil or revenue Court in respect of any dispute arising under the Act-Implies the ouster of the application of the provisions of the Arbitration Act. (Sec. 82, Punjab Co-operative Societies Act 1961).

1983 (1) All India Land Laws Reporter 138

-The expression “relating to the business of the Society” Civil Court has the necessary jurisdiction. If the suit does not relate to the business of the Society under winding up proceedings. (Sec. 82, Punjab Co-operative Societies Act, 1961).

1982 CLJ 416.

-Dispute between Co-operative Society and its members-Justification of Civil Court is bared even the decision of Arbitration or Registrar is illegal-Aggrieved party has to resort to remedies provided by Act. Sec. 55, Punjab Co-operative Societies Act. 1961)

1975 PLJ 162

-Execution of Award-Stands on the same footing as a decree of Civil Court-Award not suffering from any infirmity indicating want of inherent jurisdiction-Execution Court, cannot disregard the award, (Punjab Co-operative Societies Act, 1961).

1976 PLJ 258

-Objection that execution proceedings on the basis of award without certificate of Registrar void and sale in consequence nullity and without jurisdiction-Covered by section 47 as it relates to execution of decree by Court which had no jurisdiction to execute the same-Absence of certificate as contemplated under Section 63(a)-Award cannot be executed a decree of Civil Court-Conformation of sale held to be void and without jurisdiction. (Punjab Co-operative Societies Act, 1961)

1980 PLJ 551

-Exception to rule that Executing Court cannot go behind a decree inherent lack of jurisdiction-Decree or Award suffering from lack of inherent jurisdiction of Court, Tribunal or body which rendered it-Executing Court held to be justified in disregarding and refusing to execute sub Decree or Award being nullity-Held to be of no consequence as such a failure cannot amount to waiver. (Punjab Co-operative Societies Act, 1961).

1976 PLJ 100

Commission of Act

-The continuation of enquiry beyond six years from the date of the commission of the act was no bar under the Proviso to Section 71 (Tamil Nadu Co-operative Societies Act (53 of 1961), Section 71, Proviso).

(1977) 88 Mad. L.W. 19

Commercial Rate of Interest

-Future interest-Future interest can be awarded-Commercial rate of interest at the rate of 12% is a reasonable rate. (Punjab Co-operative Societies Act, 1961, Sections 55 and 56).

1984 (1) All India Land Laws Reporter 540

Competency

-’Competency’ or ‘interest jurisdiction’ and ‘lack of jurisdiction’. (Maharashtra Co-operative Societies Act, 1961, Sections 91 and 163).

1984 C.T.J. 95

Completion of Term

-After the completion of the term of office of the committee under the bye-laws, the committee will continue  not automatically and only special orders passed in that direction by the authorities concerned. (Andhra Pradesh Co-operative Societies Act, 1964, Section 32 (7) (a). 

A.I.R. 1980 Andhra Pradesh 76

Compensation

-Registrar can order the payment of money by way of compensation only if it is proved that Society suffered a loss on account of the act of the Director. (Madhya Bharat Co-operative Societies Act (9 of 1955), Section 63).

AIR 1971 Madhya Pradesh 201 = 1971 M.P.W.R. 402 = 1971 M.P.L.J. 589