Court : Karnataka
Reported in : ILR2004KAR4439
..... the question that is referred for consideration of this bench is whether the sanction under section 111 of the karnataka co- operative societies- act, 1959, is required to prosecute the accused even for the offence punishable under section 408 ipc.8. ..... when the matter came up before the learned single judge, by order dated 06.04.2004, the matter was referred to the division bench for considering the question as to whether the sanction under section 111 of the karnataka cooperative societies act ( for short, the 'act') is required to prosecute the accused for the offence punishable under section 408 ipc in view of the conflicting decisions of the two division benches of this court in state by psi (i & o), athani police station v. ..... an opportunity to represent his case;(ii) if the director of co-operative audit or the registrar, as the case may be, is satisfied that the person concerned has acted in good faith.a reading of the above provisions makes it clear that the offences punishable under the act are mentioned in section 109 and as per section 111(2) of the act sanction to prosecute the accused is required only for the offences committed under the act mentioned in section 109 of the act, and if any offence is committed under any other law, sanction to prosecute ..... ''111.cognizance of offences:- (1) no court inferior to that of a magistrate of the first class shall try any offence under this act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR2181
..... the first respondent society raised the surcharge proceedings under section 69 of the karnataka co-operative societies act ('act' for short) before the second respondent for recovery of a sum of rs. ..... 5/84-85 on the file of the assistant registrar of co-operative societies - the second respondent herein, and the order passed by the karnataka appellate tribunal ('tribunal' for short) dated 25th march 1996 in appeal no. ..... the said submission made by the counsel is contrary to the relevant provisions of the act due to the fact that the said section has been inserted only in the year 1976 and the surcharge proceedings initiated for the misappropriation of the funds of the society pertains to co-operative years 1967-68 and 1968-69 and that too, subsequently, the same has been omitted in the year 1998. ..... , both the authorities have concurrently recorded a finding of fact against the petitioner holding that he is the person solely responsible for the misappropriation of the funds of the first respondent - society and being a custodian of the records and the accounts of the society, it is his duty that if any body asks for loan by filing required applications upon receipt of the said applications, to place the matter before the committee and only after approval ..... he contended that as per- section 111 of the act, the proceedings cannot be initiated against the petitioner he being an honorary secretary and when another secretary also was present. .....
Tag this Judgment!Court : Karnataka
..... , chikkanayakanahalli in c.c.no.79/2005 - acquitting the respondent/accused for the offence punishable under section 109(9) and (10) of karnataka co-operative societies act, 1959.) 1. ..... it is in this background, that on the basis of an audit report which had brought to light the lapses as aforesaid, the society had taken a decision to initiate prosecution against the respondent, for violation of sections 109 and 110 of the karnataka co-operative societies act, 1959 (hereinafter referred to as 'the kcs act', for brevity). ..... insofar the second point as to whether there was a need for a prior sanction is concerned, the court below has proceeded to hold that such a sanction was necessary, whereas the proviso to sub-section (2) of section 111, of the kcs act, would clearly indicate that no such prior sanction is necessary if the criminal complaint is against a delinquent for alleged misappropriation of funds of a society detected during the course of an audit. ..... mathigatta co-operative society limited, tumkur. ..... the first objection was as regards the complaint not being in a valid form and that it could not be sustained and secondly, that it was without a prior sanction as required under section 111 of the kcs act, and hence it was contended that the complaint was no', maintainable. ..... the trial court is said to have taken cognizance of the complaint and on summons being served, the respondent had entered appearance and had raised certain preliminary objections. .....
Tag this Judgment!Court : Karnataka
..... in c.c.no.79/2005 acquitting the respondent/accused for the offence punishable under section 109(9) and (10) of karnataka co-operative societies act, 1959. ..... in this background, that on the basis of an audit report which had brought to light the lapses as aforesaid, the society had taken a decision to initiate prosecution against the respondent, for violation of sections 109 and 110 of the karnataka co-operative societies act, 1959 (hereinafter referred to as the kcs act , for brevity). ..... second point as to whether there was a need for a prior sanction is concerned, the court below has proceeded to hold that such a sanction was necessary, whereas the proviso to sub-section (2) of section 111, of the kcs act, would clearly indicate that no such prior sanction is necessary if the criminal complaint is against a delinquent for alleged misappropriation of funds of a society detected during the course of an audit. ..... byrareddy criminal appeal no.671 of2012between: the vssn mathigatta co-operative society, represented by its development officer/authorised person, d.t.kempaiah. ..... objection was as regards the complaint not being in a valid form and that it could not be sustained and secondly, that it was without a prior sanction as required under section 111 of the kcs act, and hence it was contended that the complaint was not maintainable. ..... the trial court is said to have taken cognizance of the complaint and on summons being served, the respondent 4 had entered appearance and had raised certain .....
Tag this Judgment!Court : Karnataka
..... this petitioner initiated anenquiry under section 64 of the karnataka co-operative societies act, 1959 ('the act' for short) against the complainant and the disqualification proceeding against the present president for gross ..... under section 111 of the act is not a requirement to prosecute an offender on the allegation of offence under the indian penal code, except the offences mentioned in section 109 of the act. 12 ..... the judgment of the full bench of this court in state of karnataka -vs- marigouda (supra), on a survey of earlier decisions, it is held thus: "a reading of the above provisions makes it clear that the offences punishable under the act are mentioned in section 109 and as per section 111(2) of the act sanction to prosecute the accused is required only for the offences committed under the act mentioned in section 109 of the act, and if any offence is committed under any other law, sanction to prosecute the accused is ..... section 111(2) of act is a bar for civil court to take cognizance ..... of the co-operative society is not the custodian of the records, but it is the chief executive of the bank, who is responsible, as per clause 63.5 of the bye-laws of sree anjaneya co-operative bank limited, ..... of the meeting itself, this petitioner recorded his disagreement and the document is marked in evidence before the joint registrar of co-operative societies during 2012. ..... of averment in the complaint in respect of the cognizable offence and the investigation cannot be scuttled at this stage. .....
Tag this Judgment!Court : Karnataka
..... the offence alleged basically is an offence punishable under the provisions of india penal code and not an offence the cognizance of which cane be taken under the karnataka cooperative societies act, 1959 as envisaged in the aforesaid section. ..... this petition is filed on the ground that, prior sanction is required under section 111(2) of the karnataka cooperative societies act, 1959, more particularly, with reference to the proviso which necessitates for sanction of the registrar or director of cooperative audit. ..... "111 (2) no prosecution shall be instituted under this act without the previous sanction of,- (a) the director of co-operative audit in respect of matters arising out of audit other than matters relating to cooperative credit structure society; (b) the registrar in respect of other matters including matters relating to audit in respect of co-operative credit structure society; provided that no sanction of the registrar or the director of co-operative audit shall be necessary for filing criminal complaint against the delinquents for alleged misappropriation or embezzlement of funds of a cooperative society detected during .....
Tag this Judgment!Court : Karnataka
..... the offence alleged basically is an offence punishable under the provisions of india penal code and not an offence the cognizance of which cane be taken under the karnataka cooperative societies act, 1959 as envisaged in the aforesaid section. ..... this petition is filed on the ground that, prior sanction is required under section 111(2) of the karnataka cooperative societies act, 1959, more particularly, with reference to the proviso which necessitates for sanction of the registrar or director of cooperative audit. ..... "111 (2) no prosecution shall be instituted under this act without the previous sanction of,- (a) the director of co-operative audit in respect of matters arising out of audit other than matters relating to cooperative credit structure society; (b) the registrar in respect of other matters including matters relating to audit in respect of co-operative credit structure society; provided that no sanction of the registrar or the director of co-operative audit shall be necessary for filing criminal complaint against the delinquents for alleged misappropriation or embezzlement of funds of a cooperative society detected during .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(6)AIRKarR141(DB)
..... 14792-14804/1998 and the amendment of section 70 of the karnataka co-operative societies act, 1959, the dispute between a co-operative society and its workers will not come within the purview of the labour court ..... according to the learned single judge, since the present dispute is not covered under section 70 of the karnataka co-operative societies act, the industrial disputes act alone is applicable in the light of the full bench decision and in terms of section 70 of the karnataka co-operative societies act itself, though the learned single judge held that the dispute does not come under the purview of section 70 of the karnataka co-operative societies act and that the jurisdiction of the labour court or the industrial tribunal is not excluded, learned single judge has ..... to the labour commissioner, the petition dated 25.2.2004 sought to raise an industrial dispute between the co-operative societies registered under the karnataka co-operative societies act, 1959 and their employees. ..... by the learned single judge that in the above mentioned decision of the full bench of the karnataka high court, it was specifically held that when the karnataka co-operative societies act expressly excludes the jurisdiction of the labour court and the industrial tribunal in respect of matters covered under section 70, the provisions of the industrial disputes act stand excluded to that extent only and that in respect of all matters which are not covered under section 70, the industrial disputes .....
Tag this Judgment!Court : Karnataka Dharwad
..... the case of the petitioner is that, it is a society registered under the provision of the karnataka co- operative societies act, 1959 and it is operating for the benefits of the farmers in the villages of tekkalkote and devi nagar. ..... thus, under the provisions of the karnataka co- operative societies act, 1959, there is no bar on the number of co-operative society that can be registered in an area. ..... in fact, in mahila halu utpadakara sahakari sangha (supra), the coordinate bench has specifically observed that, the learned counsel for the petitioners has not pointed out any rule of section which stipulates that if a co-operative society dealing in a - 6 - wp no.101731 of 2022 particular line of business or activity, another society also dealing with the same line of business or activity cannot be set up in the vicinity. ..... respondent no.2 by his order dated:16.03.2022 bearing no.rcs/crd/kme-8/111/2021- 22 vide annexure c to the writ petition has accorded permission for registration of a new co-operative society as aforementioned. ..... , advocate for r6) this wp is filed under articles226and227of the constitution of india, praying to, a writ in the nature of certiorari quashing the impugned order dated1603.2022 passed by respondent no.2 in no.rcs/crd/kme-8/111/2021-22 vide annexure-c. .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(1)KarLJ233
..... government advocate that the letter of the registrar of co-operative societies dated 23-6-1999 marked as annexure-e to the writ petition, was received by the government in the revenue department only on 12-8-1999, is again of no consequence inasmuch as all that the letter of the registrar of co-operative societies emphasised is that the society has been cleared of all the irregularities alleged against it in the enquiry report under section 64 of the karnataka co-operative societies act, 1959 and the government should consider the reacquisition of the lands ..... not satisfied with the reply, this office issued order under section 68 of the karnataka co-operative societies act, 1959 on 28-5-1990 directing the society to set right the defects contained in the findings of the ..... order issued under section 68 of the karnataka co-operative societies act, 1959 this office called the latest report from the vyalikaval house building co-operative society limited, bangalore-560 ..... is a fact that enquiry under section 64 of the karnataka co-operative societies act, 1959 was conducted and the report was ..... in narayana reddy's case had dealt with the involvement of the agents in the acquisition relating to those lands and to the enquiry under section 64 of the karnataka co-operative societies act by the joint registrar of co-operative societies against the society and held that the society's conduct was improper then and that those acquisition notifications were a result of colourable exercise of power. .....
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