Judgment Search Results Home > Cases Phrase: karnataka co operative societies act 1959 chapter xii execution of awards decrees orders and decisions Page 1 of about 336 results (0.252 seconds)

B.S. Sheshagiri Setty and Ors. Etc. Vs. State of Karnataka and Ors. Et ...

Court : Supreme Court of India

..... chapter xii of the kcs act pertains to execution of awards, decrees, orders and decisions. ..... 22453 of 2004 and 17054 of 2004, setting aside order dated 9.2.2004 passed in the revision petition no.cmw33cap98by the minister of cooperation on the ground that the revision petition filed by the appellants herein is barred by limitation and is contrary to the provisions of section 108 of the karnataka cooperative societies act, 1959 (hereinafter kcs act ). ..... on the basis of the factual evidence on record produced before us, the circumstances of the case and also in the light of the rival legal contentions urged by the learned counsel for both the parties, we have broadly framed the following points which require our attention and consideration:- whether the revision petition filed before the minister for co-operation is barred by time in light of the provisions of section 108 of the karnataka cooperative societies act, 1959?. ..... the kcs act (karnataka act no.11 of 1959) was enacted with the aim of providing a uniform co-operative societies law as applicable to the whole of the state of karnataka. ..... the appellants then filed a review petition under rule 38(5)(a) of the kcs rules, challenging the order of confirmation of sale of the immoveable property passed by the assistant registrar of co-operative societies dated 10.12.1985, which petition was dismissed as not maintainable vide order dated 17.08.1996, on the ground that an appeal filed challenging the same had already been dismissed. .....

Bangalore Development Authority Vs. Air Craft Employees Coop.Society L ...

Court : Supreme Court of India

..... or for philanthropic service run by a cooperative society registered under the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959) or a society registered under the karnataka societies registration act, 1960 (karnataka act 17 of 1960) or by a trust created wholly for charitable, educational or religious purposes ; (v) a police station, an area office or a service station of the corporation or the bangalore water supply and sewerage board or the karnataka electricity board ; and (vi) such other amenity as the government may, ..... body of persons or is prejudicial to the interests of the authority, it may, by order in writing, suspend the execution of such resolution or order or prohibit the doing of any such act after issuing a notice to the authority to show cause, within the specified period which shall not be less than fifteen days, why,- (a) the resolution or order may not be cancelled in whole or in part; or (b) any regulation or bye ..... cannot be oblivious of the fact that due to unprecedented increase in the population of the bangalore city and the policy decision taken by the state government to encourage house building societies to form private layouts, the bda was obliged to take effective measures to improve the civic amenities like ..... whether section 19(1) of the slum areas (improvement and clearance) act, 1956 which adversely affected the decree of eviction obtained by the landlord against the ..... act no.14 of 1964, the town planning act was amended and chapter .....

Shree Renuka Sugars Limited Vs. Union of India Ministry of Consumer Af ...

Court : Karnataka

..... the petitioners in w.p.no.66903/2010 are the members and share holders of raibag sahakari sakkare karkhane niyamit (for short hereinafter referred to as rsskn), which is a society registered under the provisions of the karnataka co-operative societies act, 1959. ..... raibag sahakari sakkare karkhane is a society registered under the provisions of the karnataka co-operative societies act, 1959. ..... it is a co-operative sugar factory registered under the karnataka co-operative societies act, 1959. ..... . 5) an appeal shall lie to the (executive officer) from any order of direction or notice of the grama panchayat under sub-section (1), (2) or (3) and his decision on such appeal shall be final ..... . such procedural orders, though peremptory (conditional decrees apart) are, in essence, in terrorem, so that dilatory litigants might put themselves in order and avoid delay ..... in terms of the decision, the state of karnataka called for bids and the petitioner was awarded the said lease for a period of 30 years on lrot basis, which was challenged before the honble high court of karnataka, which came to be rejected. ..... . chapter-iv of the said act deals with definitions, duties and powers of grama panchayat adhyaksha and upadhyaksha ..... . xii) central excise certificate and certificate under commercial taxes have been obtained .....

M. Babu Rao and ors. Vs. Deputy Registrar of Co-operative Societies/Of ...

Court : Andhra Pradesh

Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)

..... 61 in this chapter is one of the provisions which confers arbitral power for recovery of dues of a cooperative society; chapters ix, xi and xii contain provisions relating to winding-up and cancellation of registration of a society, to appeal, revision and review and offences and penalties, respectively; chapter x includes provisions relating to execution of decisions and decrees and to the power of the registrar to recover amounts and other provisions for recovery of debts due to a cooperative society; chapter xiii includes provisions relating to the financing banks and primary agricultural societies and matters connected therewith and incidental thereto; chapter xiii-a, inserted in the 1964 act by an amendment under ap act no. ..... (b) any award or order passed, certificate issued or an order in execution proceedings, by the registrar on any claim or application of a co-operative bank, is patently and inherently without jurisdiction, null, void and inoperative. ..... in the karnataka itc case (44 supra), the majority had held that the provisions of the karnataka agricultural produce marketing (regulation) act, 1966 are invalid as repugnant to the union legislation - the tobacco board act, 1975 and that the 'tobacco' should be excluded from the schedule of the karnataka law. ..... , : [1959]35itr190(sc) s.r. .....

Greater Bombay Co-op. Bank Ltd. Vs. United Yarn Tex. Pvt. Ltd. and ors ...

Court : Supreme Court of India

Reported in : AIR2007SC1584; 2007(3)ALT1(SC); [2007]137CompCas63(SC); JT2007(5)SC201; 2007(3)KLT302(SC); 2007(3)MhLj434; 2007(5)SCALE366; (2007)6SCC236; 2007AIRSCW2325; 2007(3)AIRKarR406

..... reasons stated above and adopting pervasive and meaningful interpretation of the provisions of the relevant statutes and entries 43, 44 and 45 of list i and entry 32 of list ii of the seventh schedule of the constitution, we answer the reference as under:co-operative banks' established under the maharashtra co-operative societies act, 1960 [mcs act, 1960]; the andhra pradesh co-operative societies act, 1964 [apcs act, 1964]; and the multi-state co-operative societies act, 2002 [mscs act, 2002] transacting the ..... chapter x deals with execution of decisions, decrees and orders ..... act, 1949 (10 of 1949) and includes the state bank of india, [any subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959 (38 of 1959), any corresponding new bank constituted by section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970), and any other financial institution notified by the central government in this behalf]'.the banking regulation act, 1949 (the br act ..... operative bank(i) (a)no claim, application or other proceedings lodged or instituted before the registrar, by a co-operative bank for recovery of the amount/debt due from a member or other person pursuant to advances made in the course of its banking business could be entertained or determined by the registrar(b) any award or order passed, certificate issued or an order in execution proceedings, by the registrar on any claim or application of a co-operative bank, is patently and .....

Nirmala Bagodi Vs. The State of Karnataka

Court : Karnataka

..... this regard learned counsel would draw the attention of this court to the provisions of the karnataka local authorities (prohibition of defection) act 1987 and the provisions of the karnataka co- operatives societies act 1959 and would contend that there is no similar declaratory power or operative provision which deals with the issue of a vacancy on the declaration of disqualification by the 2nd ..... it is further contended that as per rule 77 and other connected rules, the committee is required to communicate its decision or order as the case may be to the applicant either by personally tendering the same or forwarding the same by registered post ..... a case where interpretation of a section vis-`-vis the scheme of the act, the purport and object of the legislation, particularly having regard o the mischief it seeks to remedy; the chapter heading as also the marginal note, in our opinion, are relevant. ..... was also sought for staying the operation and execution of the impugned order. ..... wife who was the member, acquired an interest in the contract awarded by the panchayat and thereby suffered a disqualification in the light of embargo placed on the members of the panchayat in having any direct or indirect share in the contract awarded. ..... it is further contended as per clause (xii) of rule 77, a 13 licensee is disentitled for renewal if during the period of license he has not transacted any business in the notified agricultural commodity and has obtained the license only to avail advantages .....

Chirayinkeezhu Service Co-Operative Bank Vs. K.Santhosh

Court : Kerala

..... 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 ..... court was the competence of a reference under section 10 of the industrial disputes act, 1947, and not the availability of the remedy under the madhya pradesh co-operative societies act, 1960 or the madhya pradesh industrial relations act, 1960, the view taken by the high court that the reference under section 10 of the id act was incompetent, and the award made therein a nullity, did not suffer from any infirmity. ..... order dated 15.12.2014 are the following: "(i) whether sec.69 of the 1969 act as enacted contemplate disputes relating to service between the co- operative society and its employees to be referred to labour court for decision ..... follows: "chapter xii establishment80 officers ..... to entertain the suit in relation to a dispute which was an industrial dispute and they further argued that in that view of the matter, no decree for permanent injunction could be made. ..... proceedings entitled to have his grievance adjudicated before an authority, forum, tribunal or court, which is independent of the executive?" 54. .....

Kota Co-operative Agricultural Bank Limited, Kota Vs. State of Karnata ...

Court : Karnataka

Reported in : AIR2001Kant36; ILR2000KAR3063; 2001(2)KarLJ188

..... person.order 3, rule 4(3) to (7) as amended in karnataka(3) for the purpose of sub-rule (2), proceedings in the suit shall mean all interlocutory and miscellaneous proceedings connected with the suit or any decree or order passed therein taken in the court in which the suit has been instituted or by which the suit has been disposed of, and shall include applications for review of judgment, applications for amendment or correction of the decree, application for execution of the decree or any order in ..... and series of other writ petitions, the co-operative banks and societies have challenged section 57(2-a) and section 29-g(6) of the co-operative societies act on the ground that the same were arbitrary, illegal and ..... that permission to an advocate not on record to argue for and on behalf of an advocate on record is beneficial to the institution in the judiciary and as such, the provision in sub-rules (1) and (2) of rule 3 of chapter v of high court rules, 1959 requires a liberal interpretation and that this court should not apply the rule hard and fast to deny an advocate not on record to argue or plead for and on behalf of an advocate who is on record having filed ..... decision he had cited in this context in harischandra jha's case, supra, where again, 'acting' or 'pleading' under order 3, rule 4(2) and rule 5 of the cpc vis-a-vis the high court rules and orders of the patna high court and further the term 'acting' or 'pleading' as it occurred in section 14 of the bar council act .....

D. Sesharani and Ors. Vs. Managing Director, A.P. Women's Co-op. Finan ...

Court : Andhra Pradesh

Reported in : 2001(2)ALT607

..... co-operative societies act ..... and (8) of section 4 as well as section 11 (2) of the karnataka state civil services (regulation of promotion, pay and pension) act, 1973 intended to take away the effect of the orders of the high court which have become final, their lordships of the supreme court held;para 11:'it is now well settled by a catena of decisions ..... as stipulated in section 9 above or the bar to the institution of the proceedings and to the authority of the court to enforce any decree or order directing regularisation of the services of a daily wage employee or a person appointed on ..... executive, the legislature and the judiciary and by a legislative fiat the power of the courts to adjudicate on the validity of the laws made by the legislature vested in the superior courts under articles 32 and 226 and ..... court upholding an award of the ..... act is valid or not:'the validity of the validating act is to be judged by the following tests: (i) whether the legislature enacting the validating act has competence over the subject matter;(ii) whether by validation, the legislature has removed the defect which the court had found in the previous law;(iii) whether the validating law is consistent with the provisions of chapter ..... .(xii) to provide for the welfare of persons in the employment of the corporation and families including wives, widows of such persons by establishing provident or other funds, by grant of money, pensions or other, payments towards educational ..... . 1959 to 1961 of 1998 .....

Mohd. Riyazur Rehman Siddiqui Vs. Deputy Director of Health Services

Court : Mumbai

Reported in : 2009ACJ585; 2008(6)MhLj941

..... under sections 140, 163-a or 166 of the motor vehicles act are not governed by the code and claims tribunal is not a civil court;(c) award by tribunal is not a decree or order of a civil court;(d) such award is not a decree or order made in exercise of appellate jurisdiction by a court subject ..... between section 104 of the code of civil procedure and the letters patent and they could be harmoniously interpreted and permitted to operate in their field but specifically approved earlier view ..... the essential characteristics of judicial adjudication by process of determination culminating in the judicial decision observed that a judicial decision always postulates the existence of a duty laid upon the authority to act judicially, and to make a decision or an act judicial, following criteria was spelt out,1) it is in substance a determination ..... act and it can frame rules which may provide for the matters indicated in that section and in particular, the procedure to be followed by a claims tribunal in holding an inquiry under the said chapter xxvi and in terms of section 176(c) of the ..... order that-(a) the execution of the punishment or order appealed against the suspended;(b) if the appellant is in confinement, he be released on bail; ..... ..... act is a court subordinate to the high court in terms of section 24 of the code of civil procedure, the ..... [ ..... orders v, vi, vii, ix, xi, xii, xiii, xiv, xvi, xvii, xviii, xix, xx, xxi, xxii, xxiii, xxiv, xxvi, xxvii, xxviii, xxix, xxx, xxxii, xxxvii .....