Court : Supreme Court of India
Reported in : AIR1962SC458; [1962]Supp1SCR156
..... observe that the scheme and provisions of the societies registration act, 1860 are very similar to those of the friendly societies act, 1896 (59 and 60 vict. c. ..... these observations made with regard to similar provisions of the friendly societies act, correctly and succinctly summarise the legal position in respect of the several provisions of the societies registration act, 1860. ..... 59 in respect of the provisions of the friendly societies act, 1896 as modified by subsequent enactments. ..... this act there shall remain, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the said society or any of them, but shall be given to some other society, to be determined by the votes of not less than three-fifths of the members present personally or by proxy at the time of the dissolution, or, in default thereof, by such court as aforesaid : provided, ..... :'the modern legislation still maintains the policy of the older acts in withholding corporate status from friendly societies. ..... , and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities, according to the rules of the said society applicable thereto, if any, and, if not then as the governing body shall find expedient, provided that, in the event of any dispute arising among the said governing body or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3397; 97(2004)CLT284(SC); 2003(4)CTC98; 107(2003)DLT137(SC); JT2003(Suppl1)SC428; 2003(8)SCALE190; (2003)8SCC413
..... observe that the scheme and provisions of the societies registration act 1860 are very similar to those of the friendly societies act, 1896 (59 and 60 vict. c. ..... that these observations made with regard to similar provisions of the friendly societies act, correctly and succinctly summarise the legal position in respect of the several provisions of the societies registration act, 1860. ..... 59 in respect of the provisions of the friendly societies act, 1896 as modified by subsequent enactments. ..... : 'the modern legislation still maintains the policy of the older acts in withholding corporate status from friendly societies. ..... if there are no rules in this behalf in the name of such person as shall be nominated by the managing committee for this purpose :provided that when a suit is instituted against such society, the plaintiff shall apply to the managing committee of the society to nominate any person to be made the defendant, and if the managing committee fails to nominate any person within a month or if, in the circumstances, the matter cannot be deferred so long, the ..... section 2(7) of the companies act states:'2(7) 'body corporate' or 'corporation' includes a company incorporated outside india but does not include - (a) a corporation sole;(b) a cooperative society registered under any law relating to cooperative societies; and(c) any other both corporate (not being a company as defined in this act) which the central government may, by notification in the official gazette, specify in this .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad955
..... in my opinion impossible to read the decisions in -- '(1854) 118 er 1114 (a)' and -- '(1889) 22 q b d 373 (b)' without being convinced that the reasoning by which those decisions were arrived at is applicable to this case.the wording of the friendly societies act, 1896 is certainly stronger than any that is to be found in the building societies act, and although i agree, if i may respectfully say so, with some criticisms made by fletcher moulton l. j. ..... the defendant claimed to be the treasurer of the society and therefore lawfully in possession and contested the right of the plaintiffs to bring the action on behalf of the society, the contention being that they were not the validly appointed trustees of the society.the resolution appointing the plaintiffs as trustees was effected by certain amendments to the rules which were confirmed by the registrar of the friendly societies under sections 4 and 5 of the statute of william iv ..... i can not doubt that it would be for the general benefit of the friendly society that the rules when certified, should be considered binding till repealed and altered, and the language used by th legislature seems to me fairly to bear this cor ..... the reasoning of these english decisions on the friendly societies act and the building societies act has been adopted by a pull bench of this court in the decision reported in - 'madhav ..... was brought for the recovery of the funds of a friendly society from the defendants who was admittedly in possession thereof. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP289; [1961(3)FLR357]; (1962)ILLJ353MP
..... to the local laws or regulations made by public bodies of a municipal kind, or concerned with local government, or by corporations, or societies formed for commercial or other purposes, including gas, water, and railway companies, trade unions and friendly, industrial and building societies'.it may here be noted that 'friendly societies' and other societies referred to in the passage above are very much like the co-operative societies here.11. ..... any authority or body of persons exercising the power to issue rules, byelaws or regulations having the force of law.a co-operative society under the co-operative societies act, 1912, with which we are concerned in the instant case, has power to make byelaws. ..... the byelaw gives a legal right to the servant apart from the contract and both the society and the servant are bound by it- in our opinion, the enforcement of such a legal right forms an appropriate subject-matter for the ..... terms and conditions of employment are a matter of contract between the society and its servants and reliefs arising out of contracts cannot form the ..... sub-section (3) of that section requires that a copy of the proposed byelaws of the society shall be filed along with the application.section 43 (2) (c) gives power to the state government to frame rules prescribing 'the mattersin respect of which a society may or shall makebyelaws''.it will thus be seen that the subject-matter of the byelaws has been completely left to the state government to be prescribed by rules. .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR718; 1974MhLJ908
..... this much, however, is clear to us that what section 93 of the building societies act or corresponding section of friendly societies act seek to lay down expressly is implicit in the provisions and scheme of section 91 of the maharashtra co-operative societies act.24. mr. ..... naik in this context referred to section 93 of the building societies act, 1962 (english) and also the provisions of the friendly societies act. ..... a breach of the bye-law could affect the defaulting member's right to membership.their lordships further observed:but we are not able to see how letting by a member to another member -would touch the business of the society which included inter alia the trade of buying, selling, hiring and letting land in accordance with co-operative principles.these observations of the supreme court plainly militate against the observations of the division bench in satpalsing ..... the real question that falls for consideration in this case is whether a dispute like the one raised in this case by a member of a society against her licensee for possession of the flat in the society is covered by section 91 of the act and whether the registrar or his nominee, the officer on special duty, is competent to try and dispose of such dispute 1 admittedly, defendants nos. .....
Tag this Judgment!Court : Chennai
Reported in : (1917)ILR40Mad1004
..... the above statement of the law governs all joint stock companies and friendly societies: we must, therefore, hold that the plaintiff is bound to pay the entire debt secured by the mortgage before he can redeem the property. ..... lord selborne points out that building societies are different from joint stock companies and friendly societies and that the liability of contributories in such cases is wholly regulated by the contract and by the special rules of the society. ..... there was a similar provision in the case of the society referred to in the judgment of the house of lords in josh v. ..... , 528 that when a society goes into liquidation, the contributory or the shareholder is not entitled to set off the paid-up calls or the calls that he may be required to pay as a contributory against the debt due from him. ..... north british building society (1886) 11 a.c. ..... that is a case of a building society. .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR306; 1965MhLJ523
..... might arise, provided the debt or demand is due to the society and a claim is made by the society in respect of that debt or demand.provisions similar to section 54 of the bombay co-operative societies act, 1925, are contained in section 68 of the friendly societies act, 1896. ..... its committee, past or present, whether such loss be admitted or not;(iv) a refusal or failure by a member, past member or a nominee, heir or legal representative of a deceased member, to deliver possession to a society of land or any other asset resumed by it for breach of conditions of the assignment.rule 75 of the rules made under the act states that a reference of a dispute under section 91 shall be made in writing to ..... deceased officer, deceased agent or deceased servant of the society, or the liquidator of the society;(b) a member, past member or a person claiming through a member, past member or a deceased member of a society, or a society which is a member of the society;(c) a person, other than a member of the society, who has been granted a loan by the society, or with whom the society has or had transactions under the provisions of section 45, ..... before a reference can be entertained and these are :(1) that the dispute must touch the constitution, elections of the office bearers, conduct of general meetings, management or business of a society; and(2) that both the parties to the dispute must be one or other of the persons mentioned in clauses (a) to (e) of sub-section (1) of section 91,in the three .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALD303; 1999(6)ALT41
..... laws, the registrar or any person authorised by him, sito niotu or on the application made by the committee or when the society is in liquidation by a liquidator or any creditor like financial bank or a contributor of any friendly society, who have advanced money, may cause an inquiry ..... make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate as the registrar or the person authorised as aforesaid thinks just or to contribute such sum to the assets of the society by way of compensation in respect of the misappropriation, misapplication of funds, fraudulent retainer, breach of trust, or wilful negligence as the registrar or the person authorised as aforesaid thinks just: provided that no order shall be passed against any ..... but the further limb of this section speaks that where any past or present officer of the society who was entrusted with the funds of the society has misappropriated or fraudulently retained any money or other property of the society or has been guilty of breach of trust in relation to such society or lias caused any deficiency in the assets of the society by breach of trust or wilful negligence or has made any payments contrary to the provisions of this act or rules or bye- .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1421; JT2000(4)SC30; (2000)125PLR826; 2000(2)SCALE663; (2000)4SCC146; [2000]2SCR705; 2000(2)LC978(SC)
..... corporations are undoubtedly legal persons, and the better view is that registered trade unions and friendly societies are also legal persons though not verbally regarded as corporations. ... ..... this collective working, for a greater trust and unity gave birth to co-operative societies, for the success and implementation of public endowment it gave rise to public trusts and for purpose of commercial enterprises the juristic person of companies were created, so on and so forth ..... such as are created and devised by human laws for the purposes of society and government, which are called corporations or bodies politic.salmond on jurisprudence, 12th edn ..... with the changing thoughts, changing needs of the society, fresh juristic personalities were created from time to time.25 ..... , institutions like corporations and companies were created, to help the society in achieving the desired result. ..... with the development of society, 'where an individual's interaction fell short, to upsurge social development, co-operation of a larger circle of individuals was ..... various purposes, may be for a church, idol, gurdwara or such other things that the human faculty may conceive of, out of faith and conscience but it gains the status of juristic person when it is recognised by the society as such.15. ..... empire, he is beholden, through a feeling of universal brotherhood and love which impels him to sacrifice his wealth and belongings, both for his own bliss and for its being useful to a large section of the society. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)160CTR(SC)61
..... undoubtedly legal persons, and the better view is that registered trade unions and friendly societies are also legal persons though not verbally regarded as, corporations ... ..... this collective working, for a greater thrust and unity gave birth to co-operative societies, for the success and implementation of public endowment it gave rise to public trusts and for purpose of commercial enterprises the juristic person of companies were created, so on and ..... shows that a juristic person' is not roped in any defined circle, with the changing thoughts, changing needs of the society, fresh juristic personalities were created from time to time.15. ..... are created and devised by human laws for the purposes of society and government, which are called corporations or bodies politic. ..... he is beholden, through a feeling of universal brotherhood and love which impels him to sacrifice his wealth and belongings, both for his own bliss and for its being useful to a large section of the society this sprouts charity, for public endowment. ..... like corporations and companies were created, to help the society in achieving the desired result. ..... 'with the development of society, where an individual's interaction fell short to upsurge social developments, co-operation of a larger circle of individuals ..... , may be for a church, idol, gurudwara or such other things that the human faculty may conceive of, out of faith and conscience but it gains the status of juristic person when it is recognised by the society as such.9. .....
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