Court : Karnataka
..... however, it is necessary to point out that under section 107 of the karnataka co-operative societies act, 1959, a specific provision has been made providing remedy of revision against an interim order. ..... this provision is parimateria with section 70 of the karnataka co-operative societies act, 1959 (for short, '1959 act'). ..... they are challenging the order dated 25.06.2014 passed by the karnataka appellate tribunal (for short, the tribunal') dismissing the appeal filed by the petitioners against the order dated 22.03.2014 passed by the assistant registrar of co-operative societies, south zone, bangalore urban district, vide annexure-g. 2. ..... jrb/md/33/2012-13 on the file of the assistant registrar of co-operative societies, south zone, chamarajpet, bangalore-18, peruse the same, and etc.) 1. ..... respondent no.1 raised a dispute before the joint registrar of co-operative societies, bangalore region, bangalore, in dispute no.jrb/md/33/2012-13. ..... this was transferred to the assistant registrar of co-operative societies, bangalore south zone, for disposal. ..... it lays down that if any dispute touching the constitution, management or the business of a co-operative or the federal co-operative, other than a dispute relating to the election of the board and the election of the office-bearers arises, then such dispute shall be referred for 'decision' to the registrar. ..... chapter-vii of the act pertains to settlement of disputes. .....
Tag this Judgment!Court : Karnataka
..... however, it is necessary to point out that under section 107 of the karnataka co-operative societies act, 1959, a specific provision has been made providing remedy of revision against an interim order. ..... this provision is parimateria with section 70 of the karnataka co-operative societies act, 1959 (for short, 1959 act ). ..... they are challenging the order dated 25.06.2014 passed by the karnataka appellate tribunal (for short, the tribunal ) dismissing the appeal filed by the petitioners against the order dated 22.03.2014 passed by the assistant registrar of co- 3 wp379832014 operative societies, south zone, bangalore urban district, vide annexure-g.2. ..... respondent no.1 raised a dispute before the joint registrar of co-operative societies, bangalore region, bangalore, in dispute no.jrb/md/33/2012-13. ..... this was transferred to the assistant registrar of co-operative societies, bangalore south zone, for disposal. ..... the joint registrar of co-operative societies bangalore region2wp379832014 pampamahakavi road chamarajpet bangalore-560003. ... ..... it lays down that if any dispute touching the constitution, management or the business of a co-operative or the federal co-operative, other than a dispute relating to the election of the board and the election of the office-bearers arises, then such dispute shall be referred for decision to the registrar. ..... 5 wp379832014 chapter-vii of the act pertains to settlement of disputes. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR606; 2008(5)KLJ18; 2008(2)KCCR838; 2008(2)AIRKarR537
..... 4 and 5 in their statement of objections have contended that the sugar factory was registered on 9.2.1978 under the provisions of the karnataka co-operative societies act, 1959, with an installed capacity of 1250 tdc, it was later expanded to 2500 tdc. ..... state of karnataka : ilr1990kar1785 , wherein this court has held that the general body of a co-operative society enjoys sovereignty within the institution and even though the board of directors constitute the management to look after the day today affairs of management, it is not legally permissible for the board of directors to circumvent the general body and to take a unilateral decision.on the second contention, learned senior counsel submits that section 30b of the act does not empower the state ..... government to issue an order, which is opposed to the other provisions of the act. ..... chapter iv of the act provides for the management of cooperative societies. .....
Tag this Judgment!Court : Karnataka Dharwad
..... chapter iii of the karnataka co-operative societies act, 1959, provides for eligibility criteria to become members of co-operative societies and their rights and liabilities. ..... chapter iv of the act provides for the management of co-operative societies. ..... as has been stated earlier, chapter iii of the act provides for the eligibility criteria to become the members of the co-operative societies, their rights and liabilities. ..... section 29-c(1)(o)(i) states that if a member who is in the committee of district central society or a federal society or an apex society as a representative of a co-operative society is not eligible for being elected, appointed or continued as a member of the committee of the said co-operative society, if he ceases to be a member of the primary or secondary society, which he represents in the district central society or a federal society or an apex society. ..... the division bench of this court by order dated 29.4.2010 has set aside the last portion of the interim order restraining the managing director and election officer of the apex bank and allowing chokka basavanna gowda to present the bdcc bank while electing the president of the apex bank. 8. ..... the petitioners were elected to the committee of management of the bdcc bank held on 26.3.2008 for a period from 2008-2009 to 2012-2013. .....
Tag this Judgment!Court : Karnataka Dharwad
..... chapter iii of the karnataka co-operative societies act, 1959, provides for eligibility criteria to become members of co-operative societies and their rights and liabilities. ..... chapter iv of the act provides for the management of co-operative societies. ..... as has been stated earlier, chapter iii of the act provides for the eligibility criteria to become the members of the co-operative societies, their rights and liabilities. ..... section 29-c(1)(o)(i) states that if a member who is in the committee of district central society or a federal society or an apex society as a representative of a co-operative society is not eligible for being elected, appointed or continued as a member of the committee of the said co-operative society, if he ceases to be a member of the primary or secondary society, which he represents in the district central society or a federal society or an apex society. ..... the division bench of this court by order dated 29.4.2010 has set aside the last portion of the interim order restraining the managing director and election officer of the apex bank and allowing chokka basavanna gowda to present the bdcc bank while electing the president of the apex bank. 8. ..... the petitioners were elected to the committee of management of the bdcc bank held on 26.3.2008 for a period from 2008-2009 to 2012-2013. .....
Tag this Judgment!Court : Karnataka
..... 1997 act); petitioner in w.p.no.14381/2019 is registered as the state federal cooperative, as provided under section 33 of the said act; they have knocked at the doors of writ court in substance for a prayer that they are entitled to seek deduction in respect of their income in terms of the scheme envisaged under section 80p of the income tax act, 1961 (hereafter 1961 act), on the premises that they too are a 4 cooperative society, on par with those registered under the provisions of karnataka co-operative societies act, 1959.2. ..... co- in conversion of (e) the preamble to the 1959 act reads as under: whereas it is expedient (to promote voluntary formation, autonomous functioning, democratic control and professional management of co- operative societies) in the state of karnataka; be it enacted by the karnataka state legislature in the tenth year of the republic of india as follows- 9 similarly, the preamble to the 1997 act reads as follows: it self-reliant and to provide is expedient whereas for recognition, encouragement and voluntary formation of co-operatives based on self-help, mutual aid, wholly owned, managed and controlled by members as accountable ..... union of india, air1989sc516 chapter x of 1997 act containing sec.67 enacts important co-operative principles that animate and brood through almost all the provisions of this act; 8 (d) the karnataka souharda sahakari bill, 1997 has the following as the statement of objects & reasons: the self-reliant and 1. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2413; 1993(3)KarLJ208
..... apart from the elected members the government thought it fit to nominate respondents 3 to 5 as its nominees under section 59 of the karnataka co-operative societies act, 1959 (the 'act'). ..... legislature has not said that the state government may nominate to the managing committee of any co-operative society as and when the state government deems fit to do so.13. ..... government- (a) has subscribed to the share capital of a co-operative society, or(b) has assisted indirectly in the formation or augmentation of the share capital of a co-operative society as provided in chapter vi, or(c) has guaranteed the repayment, of principal and payment of interest on debentures issued by a co-operative society, or(d) has guaranteed the repayment of principal and payment of interest on loans and advances to a co-operative society,the state government or any authority specified by the state government in this behalf, shall notwithstanding anything contained in this act or the rules or the bye-laws of the cooperative ..... that is not the situation contemplated by section 29(1) of the act the purpose of section 29(1)(a) is to enable the state government to nominate to the managing committee of the cooperative society when the state government has subscribed towards the share capital. ..... section 29 gives a special power to nominate to the managing committee of a co-operative society; the normal rules is to have an elected managing committee; nomination to the committee is an exception. .....
Tag this Judgment!Court : Karnataka
Reported in : [1992]75CompCas405(Kar); ILR1990KAR2925; 1990(2)KarLJ475
..... we are mainly concerned with the karnataka co-operative societies act, 1959 (act 11 of 1959) (hereinafter called 'the kcs act'), which came into force on june 1, 1960, and the karnataka agricultural credi't operations and miscellaneous provisions act, 1974 (act 2 of 1975) (hereinafter called 'the credit operations act'), which came into force on july 17, 1975. ..... the first defendant is a co-operative society registered under the karnataka co-operative societies act, 1959. ..... the relevant provisions are : 'kcs act, 1959 : section 2(e-1) --'credit agency' means a credit agency as defined in the karnataka agricultural credit operations and miscellaneous provisions act, 1974 ; and in the latter act (act 2 of 1975) it is defined to mean : (i) a banking company as defined in the banking regulation act, 1949 ; m(ii) the state bank of india constituted under the state bank of india act, 1955 ; (iii) a subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959 ; (iv) a corresponding new bank constituted under the banking companies ..... chapter 3 of the credit operations act, 1975 (act 2 of 1975), provides the procedure for recovery of dues by the credit agency. ..... sub-section (2) of this section enumerates claims which are 'deemed' to be disputes touching on the constitution, management and business of co-operative societies. ..... by section 17 (chapter 4) of the credit operations act, certain provisions of the kcs act were amended by inserting a couple of new provisions. .....
Tag this Judgment!Court : Karnataka
..... . shri y.v.raviraj has presented his case with following submissions: i) respondent is a co-operative society registered under the provisions of the karnataka co-operative societies act, 1959 ..... . he contended that society is a juristic person registered under the provisions of the karnataka co-operative societies act and managed by a governing body ..... . assessee society is a juristic entity having been registered under the co-operative societies act and managed by its office bearers and the governing body in accordance with the approved bye-laws. 15 ..... . this appeal is presented by the revenue by raising the following substantial question of law: whether the tribunal is right in law, considering the facts and circumstances of the case in holding that the respondent society is managing its activity on behalf of its members in the most beneficial way by selling the products manufactured by the members, without appreciating that the assessing authority has clearly brought on record that there is no active participation of members in ..... . in terms of chapter xiii, a chairman, a vice chairman and a manager shall be the officers of the society ..... . chapter-viii deals with general body meeting, chapter-x with the supervising council and chapter-xi with the managing committee .....
Tag this Judgment!Court : Karnataka Dharwad
..... shri y.v.raviraj has presented his case with following submissions: i) respondent is a co-operative society registered under the provisions of the karnataka co-operative societies act, 1959. ..... he contended that society is a juristic person registered under the provisions of the karnataka co-operative societies act and managed by a governing body. ..... assessee society is a juristic entity having been registered under the co-operative societies act and managed by its office bearers and the governing body in accordance with the approved bye-laws.15. ..... the following:- judgment this appeal is presented by the revenue by raising the following substantial question of law: whether the tribunal is right in law, considering the facts and circumstances of the case in holding that the respondent society is managing its activity on behalf of its members in the most beneficial way by selling the products manufactured by the members, without appreciating that the assessing authority has clearly brought on record that there is no active participation of members ..... in terms of chapter xiii, a chairman, a vice chairman and a manager shall be the officers of the society. ..... chapter-viii deals with general body meeting, chapter-x with the supervising council and chapter-xi with the managing committee. .....
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