Judgment Search Results Home > Cases Phrase: karnataka co operative societies act 1959 chapter iv management of co operative societies Page 7 of about 911 results (0.085 seconds)

Vijay Shanti Edu. Trust Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2001(4)WLC345; 2001(1)WLN191

..... . : air1982cal101 , sree jain shwetamber terapanthi vidyalaya, a society registered under west bengal societies registration act challenged the action of state in superseding the management committee of the society and appointing adhoc committee for administering the school established and managed by the aforesaid society inter alia on the ground that the institution was ..... established that three conditions for availing the benefit of right guaranteed under article 30(1) are that it must be established by a person or persons belonging to the minority community; that it must be managed and administered by person or persons belonging to such minority community, and that it must have a nexus to serve the interest of community and there must positively exist an educational institute of ..... government recognising certain communities as minor communities for the purposes of act of 1992 which obviously in the context of country's population as a whole, through its operation field could not limit the content and reach of article 30 by restricting the rights flowing from article 30 to the communities enumerated in the notification issued under section 2(c) of the act of 1992 and those religions who have not been included ..... provisions of articles 25 to 30 which relate to the freedoms which are captioned under 'the right of freedom of religion' under chapter iii of the constitution. ..... karnataka ..... to it under article 143 of the constitution in respect of kerala education bill re kerala education bill : [1959]1scr379 .....

Mahaganapati Shankara Devasthana Vs. State of Karnataka

Court : Karnataka Dharwad

..... the same in its entirety; b) alternatively, to declare that hindus as a religious denomination within the meaning of article 26 of constitution of india and accordingly to declare that karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act 27 of 2011) and rules 2002, can have no application to hindus and their right to establish, manage and administer their own religious and charitable institutions; c) to issue directions to the state government to enact a legislation on the lines of bombay public trusts ..... (8) of section the state government may while passing orders under sub- section (7) or during currency of issued under sub-section (5) or (7) thereof declare, for reasons to be recorded in writing, that in respect of any declared institution, the provisions of chapter vi and vii shall apply as if the institution is a the notification in certain 43, 110 that no institution under and subject power to notified section 23: provided such declaration shall be made except after further notice is issued for the ..... however, we deem it proper to observe that the government would be doing a great service to the hindu society by eliminating all the evil and corrupt practices, if at all prevailing in hindu institutions. ..... the specific prayer sought is:- to declare and strike down karnataka act no.12/2012 also which professes to further amend a still born and void karnataka act no.33/2001 as void in operative and unenforceable. .....

Karnataka Liberal Education Society, Belgaum Vs. State of Karnataka an ...

Court : Karnataka

Reported in : AIR1997Kant93; ILR1996KAR2144; 1996(5)KarLJ616

..... vijaya shankar that since the field in which the grant-in-aid code operates is covered entirely by the provisions of the karnataka private educational institution (discipline and control) act, 1975 and the rules framed thereunder, the government and its officers could not invoke the provisions of the code to issue directions as to the settlement of seniority or stoppage of the aid to ..... for the purposes of salary grant or any directions issued by the state government or the department of collegiate education, the director ofcollegiate education may, after hearing the managing committee, by order, remove the said managing committee and appoint a special officer to manage the affairs of the said educational institution for a period of one year and it may extend the period for one more year.exception:-- nothing in this rule ..... shankar as to thevalidity of the threatened stoppage of aid onthe ground that the petitioner society had notappointed the principals against the available'vacancies on the basis of the seniority list, itwas argued that rule 9 of the grant-in-aid.code casts upon the management of theinstitution certain obligations which did notinclude the obligation to maintain a senioritylist according to the ..... 49(1) appearing under the said chapter, the government is supposed to set apart a sum of money annually for being given as grant-in-aid to educational institutions recognised for the said purpose in accordance with the ..... chapter ix of the said act deals with the grant-in-aid .....

Special Officer and Joint Registrar of Co-operative Societies, Vanivil ...

Court : Karnataka

Reported in : ILR1996KAR660; 1996(2)KarLJ53; (1996)IILLJ423Kant

..... the facts, which gave rise to the filing of these appeals, are as follows : vanivilas co-operative sugar factory is registered under the provisions of the karnataka co-operative societies act, and is engaged in the manufacture of sugar, running a distillery and other incidental activities. ..... the government of karnataka and the registrar of co-operative societies exercise the control over the management and affairs of the society. ..... 12586 of 1985 before the learned single judge of this court challenging the action of the management on the ground that it is not permissible for the management to unilaterally determine that the factory is a seasonal industry and consequently, section 25-a of chapter v-a of the industrial disputes act, 1947 ('the act'), is attracted and the workmen will not be entitle to compensation for lay-off. ..... there is one circumstance which is required to be noted, and that is as soon as the government declared the factory as a seasonal industry, the management issued an order on november 11, 1986, declaring that the workmen will not be paid any lay-off compensation. ..... as regard the challenge to the lay-off notice, the learned single judge held that the management could not have taken a unilateral decision that the factory is a seasonal industry and issued lay-off notice without approaching the government is not open to challenge under article 226 of the constitution, was turned .....

Karnataka Rajya Kaigarika, Sahakara Bank Niyamita and anr. Vs. V. Kris ...

Court : Karnataka

Reported in : 2012(3)KCCR2092

..... the bank instituted dispute no.1366/2000-01 which later came to be re-numbered as dispute no.1244/05 under section 70 of the karnataka co-operative societies act, 1959 and obtained exparte award against m/s hi-tech industries and others, including the petitioner. ..... all the provisions of the act and in particular, section 13, 14, 17, 18 and 19 of the act are applicable to co-operative banks, constituted under the karnataka co-operative societies act, 1959. ..... the dues of co-operative bank and recovery proceedings thereof are self regulated, inasmuch as, under the karnataka co-operative societies act, any amount due by a borrower to the co-operative bank, a dispute can be raised under section 70 of the co-operative societies act for recovery of the said amount ..... (51 of 1993)"2(1) z (d) "secured creditor"means any bank or financial institution or any consortium or group of banks or financial institutions and includes -(i) debenture trustee appointed by any bank or financial institution; or(ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or](iii) any other trustee holding securities on behalf of a bank or financial institution, in whose favour security interest is created for ..... chapter iii section 13, of the act deals with enforcement of security interest. ..... finally, it could not be said that amendments in chapter v. .....

Karnataka Rajya Kaigarika, Sahakara Bank Niyamita and Another Vs. V. K ...

Court : Karnataka

Reported in : 2012(3)KCCR2092

..... the bank instituted dispute no.1366/2000-01 which later came to be re-numbered as dispute no.1244/05 under section 70 of the karnataka co-operative societies act, 1959 and obtained exparte award against m/s hi-tech industries and others, including the petitioner. ..... (2) all the provisions of the act and in particular, section 13, 14, 17, 18 and 19 of the act are applicable to co-operative banks, constituted under the karnataka co-operative societies act, 1959. ..... the dues of co-operative bank and recovery proceedings thereof are self regulated, inasmuch as, under the karnataka co-operative societies act, any amount due by a borrower to the co-operative bank, a dispute can be raised under section 70 of the co-operative societies act for recovery of the said ..... (51 of 1993)" 2(1) z (d) "secured creditor"means any bank or financial institution or any consortium or group of banks or financial institutions and includes - (i) debenture trustee appointed by any bank or financial institution; or (ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or] (iii) any other trustee holding securities on behalf of a bank or financial institution, in whose favour security interest is created for ..... chapter iii section 13, of the act deals with enforcement of security interest ..... finally, it could not be said that amendments in chapter v. .....

Sri Ramu Solanke and ors. Vs. State of Karnataka by Its Principal Secr ...

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. .....

Basavaraj Nagappa Mailwar Vs. Common Cadre Authority

Court : Karnataka

Reported in : ILR1986KAR701; (1986)IILLJ36Kant

..... to 23rd september, 1975, the agricultural and rural development banks (ard banks) formerly called as 'primary land development banks' (pld banks) established and functioning under chapter xi of the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959) ('the act') were competent to recruit their personnel subject to the rules made under the act. s. ..... purpose of securing proper implementation of co-operative and other development programmes approved or undertaken by the state government or to secure the proper management of the co-operative society management of the co-operative society generally or for preventing the affairs of the co-operative society being conducted in a manner detrimental to the interests of the member or of the depositors or of the creditors thereof, it is necessary to issue directions to any class of co-operative societies generally or to a co-operative society in particular, it may issue directions from time to time and all such co-operative societies or the co-operative society concerned shall be bound to comply with ..... every one of the purposes set out in that section like 'for securing proper implementation of co-operative and other development programmes approved or undertaken by the state government, the proper management of co-operative societies generally, preventing the affairs of co-operative societies being conducted in a manner detrimental to the interests of members, depositors, or creditors, thereof are separate and distinct. .....

Dharappa Vs. Bijapur Co-operative Milk Producers Societies Union Ltd.

Court : Supreme Court of India

Reported in : AIR2007SC1848; [2007(113)FLR1159]; 2007(4)KarLJ161; (2007)IILLJ844SC; 2007(6)SCALE307; (2007)9SCC109; 2007AIRSCW2882; 2007(4)KCCRSN277; 2007(4)AIRKarR214(SC)

..... though the karnataka co-operative societies act, 1959 was reserved for the assent of the president and received his assent on 11.8.1959, the amendment act 19 of 1976 which added clause (d) to sub-section (2) of section 70, (whereby a dispute between a co-operative society and its present or past employee/s in regard to any disciplinary action or working conditions was deemed to be a dispute touching the constitution, management, or the business of a co-operative society), was neither reserved for, nor received the assent of the president. ..... presiding officer, labour court : (2001)illj980kant that the procedure for adjudication and the remedy provided under the karnataka co-operative societies act, 1959 ('kcs act' for short) being comprehensive, the jurisdiction of labour courts under id act to deal with such disputes was barred. ..... the state of karnataka does not have a state act governing industrial disputes as in madhya pradesh and therefore, the question of karnataka co-operative societies act excluding the applicability of a state law relating to industrial disputes did not arise. ..... industrial relations act, the provisions of the central act - industrial disputes act, 1947 (except chapters v-a, v-b and v-c relating to lay off and retrenchment, special provisions relating to lay off, retrenchment and closure in certain establishments and unfair labour practices), did not apply to any industry to which the said m.p. .....

HussaIn Khan S/O Haji Kale Khan Vs. Shah Babu Education Society

Court : Mumbai

Reported in : 2006(4)BomCR726; 2006(4)MhLj553

..... then viz-a-viz rights of students reveal that there is absolutely no material to show that the view taken by this court of finding the provisions contained in section 3(2) of maharashtra employees of private schools (conditions of service) regulation act, 1977, are on the lines of law evolved on the basis of earlier judgments, does not need any re-consideration, since the larger bench judgment 9 judges bench in st. ..... right of minorities institutions to establish, manage and administer educational institutions includes the right to appoint the head of their choice and this position is maintained unaffected by consistent judgments of apex court right from karnataka education bill's case. ..... ble supreme court observed that it would be difficult to hold that the framers of constitution intended to give an absolute right to the minorities so as to defeat the right of the citizens under the said chapter, and it would, therefore, be difficult to hold that no law of land would apply to the minority institution. ..... (b) section 3 sub-section (2) does not offend or militate against the fundamental rights as it operates as reasonable restriction on individual right, in order to respect a more superior and un-abatable fundamental right of ..... above, while striking a balance in conflict between two fundamental rights both equally guaranteed under the constitution, it will have to be done in such a way that the interest of society at large is advanced and the philosophy of the constitution is sub-served. .....