Court : Karnataka
Reported in : ILR2008KAR606; 2008(5)KLJ18; 2008(2)KCCR838; 2008(2)AIRKarR537
ORDERS. Abdul Nazeer, J.1. In this case, the petitioners have challenged the validity of the notification at Annexure 'E' dated 19.7.2007 issued by respondent Nos. 3 and 4 whereby tenders have been invited for lease of Raibag Sahakari Sakkare Karkhane Niyamitha, Raibag, Belgaum District, under lease, rehabilitated, operate and transfer (for short 'LROT') basis for a period of 30 (thirty) years starting from the year 2007-08 to 2036-37. The petitioners have also challenged the proceedings of the State Government at Annexure 'G' dated 5.8.2006 whereby the State Government has decided to revive the aforesaid sugar factory by way of lease on the model of Srirama Sahakari Sakkare Karkhane Limited and the Government Order at Annexure 'H' dated 16.1.2007 deciding to lease the aforesaid sugar factory for a period of 30 years on LROT basis.2. The petitioners are the shareholders and members of the 4th respondent-Raibag Sahakari Sakkare Karkhane Niyamitha, Raibag, Belgaum District, ('for short '...
Tag this Judgment!Court : Karnataka
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Call For The Records Of Appeal No. 151-/14, On The File Of Karnataka Appellate Tribunal, Bangalore and Records Bearing Dispute, No. 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. Petitioner No.1 Saptharushi Souharda Credit Co-operative Limited is a society duly registered under the provisions of the Karnataka Souharda Sahakari Act, 1997 (for shoit, 'the Act). Petitioner no.2 is its President. 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. Respondent no.1 raised a dispute before the Joint Registrar of Co-operativ...
Tag this Judgment!Court : Karnataka
1 WP379832014 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE10H DAY OF SEPTEMBER, 2014 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.No.37983/2014 (CS-RES) BETWEEN1 M/S SAPTHARUSHI SOUHARDA CREDIT CO-OPERATIVE LIMITED REGISTERED OFFICE AT No.1488 PADMAMBA COMPELX M G ROAD, TUMKUR-572101 BY ITS CHIEF EXECUTIVE OFFICER SMT SAROJA RAMESH2 THE PRESIDENT M/S SAPTHARUSHI SOUHARDA CREDIT CO-OPERATIVE LIMITED REGISTERED OFFICE AT No.1488 PADMAMBA COMPLEX M G ROAD TUMKUR-572101 ... PETITIONERS (By Sri.K R ANANTHA MURTHY, ADV.) AND1 SRI. LAKSHMAN S/O LATE HONAPPA AGED ABOUT78YEARS R/AT # 1992/A, KAVERI, 6TH CROSS SOMESHWARAPURAM TUMKUR-572101 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION2WP379832014 PAMPAMAHAKAVI ROAD CHAMARAJPET BANGALORE-560003. ... RESPONDENTS (By Sri.G CHANDRASEKHARAIAH, ADV. FOR C/R1 Smt.S.SUSHEELA, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF APPEAL NO.151/14, O...
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR701; (1986)IILLJ36Kant
ORDERPuttaswamy, J.1. As the questions that arise for determination in these cases are either common or inter-connected, we propose to dispose of them by a common order. 2. Prior 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. 128A incorporated to the Act by the Karnataka Co-operative Societies (Amendment) Act of 1975 (Karnataka Act 39 of 1975) on and from 23rd September, 1975 that stood further amended by the Karnataka Co-operative Societies (Amendment) Act of 1976 (Karnataka Act 19 of 1976) (Amending Acts) empowered Government to establish Common Cadre Authority (CCA) to uniformly regulate the recruitment, training and disciplinary control of such class of societies as ar...
Tag this Judgment!Court : Karnataka
Reported in : AIR1990Kant290; 1989(2)KarLJ277
ORDER1. The petitioner who was elected as the President of the 1st respondent/ Primary Co-operative Agriculture & Rural Development Bank Ltd. (in short the Bank) has questioned the correctness of the notice issued by the Bank dt. 24-12-1988 (produced as Ann-H in the writ petition) as also the order of the Deputy Registrar of Co-operative Societies, Chitradurga, which is produced as Ann. J in the writ petition on the ground that they are violative of the provisions of S. 28A(4) of the Karnataka Cooperative Societies Act, 1959 (in short the Act) read with the proviso to R. 13 of theKarnataka Co-operative Societies Rules, 1960 (in short the Rules). The facts are not in serious controversy, but the application of these facts to the relevant provisions of the Act has caused some difficulty in deciding this matter.2. The petitioner was elected as the President of the Bank in the year 1987 and his term of office in the ordinary course expired on 30-9-1988. Likewise the term of members of the ...
Tag this Judgment!Court : Karnataka
Reported in : [1992]75CompCas405(Kar); ILR1990KAR2925; 1990(2)KarLJ475
1. The unsuccessful plaintiff is the appellant. The plaintiff, Syndicate Bank, is a nationalised bank ; it instituted the suit on June 2, 1987, for recovery of money from defendants Nos. 1 to 13. The first defendant is a co-operative society registered under the Karnataka Co-operative Societies Act, 1959. Defendant No. 4 was the president of the society. The president and members of the managing committee, in pursuance of a resolution dated June 6, 1979, borrowed a sum of Rs. 1,58,000 at 10.5 per cent. interest per annum to be repaid in five equal annual instalments commencing from May 30, 1980. They jointly executed a promissory note on June 8, 1979. Defendants Nos. 2 and 3 are the secretary and chairman of the society, respectively. Defendants Nos. 4 to 13 are the members of the society. It is averred in the plaint that, out of the sanctioned loan amount, a sum of Rs. 1,51,281 has been disbursed, from time to time, to defendants Nos. 4 to 13, i.e., members. On June 8, 1979, they also...
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2413; 1993(3)KarLJ208
Shivashankar Bhat, J.1. The second respondent before us is the Agricultural Produce Cooperative Marketing Society which was established to provide the marketing of the agricultural produce to its members. The appellant before us who was the Writ Petitioner, was elected as a Director and subsequently as the Chairman of the Managing Committee. 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'). The nomination was done on 28th August 1991. The period of the nominees to function as the members of the Managing Committee was not stated in the nomination and it was to be 'until further orders'. The petitioner challenged these nominations on the ground that the State Government had no power at all to nominate them under Section 29 of the Act which was not at all attracted. Since the question involved before us is the interpretation of Section 29 we will refer ...
Tag this Judgment!Court : Karnataka
Reported in : 2003(4)KarLJ412
K. Sreedhar Rao, J. 1. The appeal arises out of the judgment and decree passed in R.A. No. 76 of 1996 on the file of Additional Civil Judge (Senior Division), Bagalkot, arising out of judgment and decree passed by the Munsiff Court, Hungund in O.S. No. 22 of 1990. The appellants herein are the legal representatives of the plaintiff. One G.B. Bhandaragal, plaintiff filed a suit for recovery of a sum of Rs. 9,996.2 ps. with costs and interest from the respondents. The material facts leading to the appeal are stated thus.2. The deceased plaintiff G.B. Bhandaragal was the Chairman of Vyvasaya Seva Sahakara Sangha Niyamitha (in short 'VSSSN'), Ilkal, for the period 1981-1983. It is said that the respondents 3 to 11, who are the Directors of the VSSSN, Ilkal manipulated the records showing the utilisation of funds of the Society by the plaintiffs and got initiated the proceedings under Section 70 of the Co-operative Societies Act and eventually an award came to be passed against the plaintif...
Tag this Judgment!Court : Karnataka
Reported in : 2008(5)KarLJ18; ILR2008(1)Kar606; 2008(2)KCCR838; 2008(2)AIRKarR537
ORDERS. Abdul Nazeer, J.1. In this case, the petitioners have challenged the validity of the notification at Annexure 'E' dated 19.7.2007 issued by respondent Nos. 3 and 4 whereby tenders have been invited for lease of Ratbag Sahakari Sakkare Karkhane Niyamitha, Raibag, Belgaum District, under lease, rehabilitated, operate and transfer (for short 'LROT') basis for a period of 30 (thirty) years starting from the year 2007-08 to 2036-37. The petitioners have also challenged the proceedings of the State Government at Annexure 'G' dated 5.8.2006 whereby the State Government has decided to revive the aforesaid sugar factory by way of lease on the model of Srirama Sahakari Sakkare Karkhane Limited and the Government Order at Annexure 'H' dated 16.1.2007 deciding to lease the aforesaid sugar factory for a period of 30 years on LROT basis.2. The petitioners are the shareholders and members of the 4th respondent-Raibag Sahakari Sakkare Karkhane Niyamitha, Ratbag. Belgaum District ('for short 's...
Tag this Judgment!Court : Karnataka Dharwad
Abdul Nazeer, J 1. The main question for consideration in these writ petitions is whether a Director of a primary Co-operative Society, who represents the said society in a Federal Society ceases to be a member of the Federal Society when he ceases to be the Director of the Co-operative Society which he represents? 2. Brief facts of the case are as under: P. Gadeppa, the petition in W.P.No.62612/2010 is a primary member of Bellary District Central Co-operative Wholesale Stores, Bellary. He was also the elected Director of the said society. He was in the committee of BDCC Bank as a delegate of BDCC Wholesale Stores. He was defeated in the election held to the committee of BDCC Wholesale Stores on 20.3.2010. T.M. Chandrashekariah, the petitioner in W.P.No.62613/2010 is a primary member of Kududarahalu Vyavasaya Seva Sahakara Sangha Niyamitha. He was elected as the Director of the said society. He had come to the TAPCMS Ltd., Siraguppa, as a representative of Kududarahalu VSSSN, Siraguppa...
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