Judgment Search Results Home > Cases Phrase: karnataka co operative societies act 1959 section 111 cognizance of offences Court: kerala Page 1 of about 1 results (0.085 seconds)

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 neither reserved for, nor received the assent of the president ..... . :- 111.after laying down the aforesaid principles, the apex court has taken note of the amendment to section 70 of the karnataka co-operative societies act by act 19 of 1976, which inter alia provided that for the purposes of section 70 (1), any dispute between a co-operative society and its employee or past employee or heirs or legal representatives of a deceased employee, including a dispute regarding the term of employment, working conditions and disciplinary action taken by a co-operative society, shall be deemed to be a dispute touching the constitution, management or the business of a co-operative society ..... the statutory scheme does not thus indicate that the jurisdiction of the labour court under the industrial disputes act, 1947 to take cognizance of dispute falling within the industrial disputes act regarding employees or workmen in the co-operative society, was exempted from such exclusion. .....

A.R. Nagar Service Co-operative Bank Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT55

..... : (2007) 9 scc 109, with specific reference to an identical provision in karnataka co-operative societies act, 1959. ..... the common issue raised in these two writ petitions is as to whether section 69 of the kerala co-operative societies act, 1969, (hereinafter referred to as 'the societies act') as amended by amendment act 1 of 2000, ousts the jurisdiction of the labour courts and industrial tribunals under the industrial disputes act, 1947 in respect of service matters of workmen of co-operative societies answering the definition of 'dispute' as defined under the industrial disputes act, 1947 (hereinafter referred to as the i.d. ..... but, as laid down by the supreme court in dharappa's case (supra), the jurisdiction to decide any dispute of the nature mentioned in section 69(2)(d) of the kerala co-operative societies act vests concurrently with labour courts/industrial tribunals under the industrial disputes act and with the co-operative arbitration court and the registrar as the case may be depending on whether the dispute is non-monetary or monetary.in the above view, w.p.(c) no. ..... 27909/09, the government of keralahas referred the dispute raised by the petitioner in the other writ petition for adjudication by the labour court, kozhikode and the labour court has taken cognizance of the dispute as i.d. no. .....

Karunakaran Pillai Vs. Venugopala Pillai

Court : Kerala

Reported in : 2005(3)KLT348

..... apex court had occasion to consider the scope of section 30a(3) of the karnataka co-operative societies act in k. ..... joint registrar of co-operative societies, 1998 (2) klt 746 interpreting the unamended provisions of sub-section (2) of section 33 of the act held that the power given to the administrator to exercise all or any of the functions of the committee under sub-section (2) of section 33 would not take in the power to enrol new members. ..... we need not further elaborate the matter since the provision interpreted by the supreme court is pan materia with the amended provision of the kerala co-operative societies act. ..... the question that is posed for consideration in these cases is whether the committee or administrator appointed under sub-sections (1) and (1a) of section 33 of the cooperative societies act, 1969 could enrol members in exercise of the powers conferred under section 33(2) of the act.2. ..... , have power to exercise all of any of the functions of the committee or of any officer of the society and take all such action as may be required in the interest of the society.the above mentioned provision was amended by act 1 of 2000 with effect from 1st january, 2000 and the amended provision reads as follows:(2) the committee or administrator or administrators appointed under sub-sections ( 1) and (1a) shall, subject to the control of the registrar and to such instructions as he may from .....

Porinchu Vs. Joint Registrar

Court : Kerala

Reported in : AIR2004Ker117; 2004(1)KLT281

..... 6 scc 37) on 9.5.1997 held that an administrator appointed under the karnataka co-operative societies act, 1959 has no power to admit new members. ..... the administrator appointed under section 33 of the kerala co-operative societies act, 3969 enrol new ..... language of section 30-a of the karnataka act empowering a special officer to exercise and perform all the powers and functions of the committee of management of a co-operative society fell for consideration, this court having expressed that view, we do not think, there is any need to explore the difference in the meaning of the expressions 'have power to exercise all or any of the functions of the committee' in the act and 'exercise all or any of the functions of the committee' in the karnataka act as they ..... joint registrar of co-operative societies (1998 (2) klt 746 fb), ft was held that the administrator appointed under section 33 of the kerala co-operative societies act, 1969 has no power to enrol ..... were not declared before the expiry of the term of the then managing committee, a part-time administrator was appointed under section 33 of the act on 1.1.1997 and he was managing the society. ..... once it is held that the administrator appointed under section 33 of the act has no power to enrol new members, no court other than the hon'ble supreme court can hold that the law declared will be applied prospectively;(iii) the high court can ..... again, the committee was superseded under section 33 of the act on the ground of lack of quorum and the .....

V.G. Padmanabhan Vs. The Special Officer, Thalassery Primary Co-Operat ...

Court : Kerala

..... as is evident, in kuttappan, both sections 30 and 30a of the karnataka co-operative societies act have been examined. ..... he has, in this context, drawn my attention to section 19 of the act and rule 28 of the kerala co-operative societies rules ('the rules'). 20. ..... a member, on the other hand, in terms of section 2(l) is a person 'joining in the application for the registration of a co-operative society or a person admitted to membership after such registration in accordance with this act, etc.' 79. ..... the language of section 30-a of the karnataka act empowering a special officer to exercise and perform all the powers and functions of the committee of management of a cooperative society fell for consideration, this court having expressed that view, we do not think, there is any need to explore the difference in the meaning of the expressions have power to exercise all or any of the functions of the committee in the act and exercise all or any of the functions of the committee in the karnataka act as they are ..... section 2(qc) of the act defines 'special officer' to mean an officer not below the rank of an assistant registrar, appointed by the registrar, to take into custody the assets and liabilities of the society which secured registration without bifurcation of the area of operation of an existing society, to register the new societies, and to constitute committees as provided under section 28 of the act. 32. .....

The Mulloor Rural Co-operative Society Ltd. Rep. by Its Secretary Vs. ...

Court : Kerala

..... on going through this judgment, what we notice is that the learned judge has not referred to the provisions of the karnataka co- operative societies act either on the control of the statutory authorities over the societies or the rights of members and public and the obligations of the society and it's managing committee and employees. ..... management of co-operative societies under the kcs act and the rules made thereunder felt that the all pervasive control and supervision the government and statutory authorities particularly, the registrar and joint registrar of co-operative societies exercise over the societies and the rights of the members and the public and the corresponding obligations of the societies and it's managing committee and employees necessarily bring every society under the definition of "public authority" under section 2(h) of the rti act. ..... appeal is filed against judgment of the learned single judge holding that a co-operative society registered under the kerala co-operative societies act (hereinafter called "the kcs act") answers the definition of "public authority" as defined under section 2(h) of the right to information act, 2005 (hereinafter called "the rti act") and hence the registrar of co-operative societies was within his powers in issuing the order impugned in the writ petition directing all societies to constitute authorities under the rti act for furnishing information sought about .....

N. Saikumar Vs. Registrar of Coir Co-Operative Societies/Director of C ...

Court : Kerala

..... in fact, the hon ble supreme court had the occasion to consider the powers of the administrative committee under karnataka co-operative societies act, which has, as can be seen, analogous provisions to those of the present act. in t.a. ..... in this regard, he has contended that section 8a alone applies, for rule 16 of the kerala co- operative societies rules ('the rules' for brevity) applies to individuals rather than the juristic ..... is only in the fitness of things that members who belong to the hitherto oppressed sections of the society are given adequate experience and opportunity in dealing with the governance of the affairs of the society, though on a minuscule scale, as they are dealt with at the level of the co-operative societies. 42. ..... at the outset, it may have to be mentioned that it is the contention of the learned counsel for the respondents that in the light of section 28a, even in the absence of any specific amendment to the bye-laws, reservation could be provided for women, for the statutory mandate prevails over the bye-laws ..... , the learned counsel has contended that item six of exhibit p5 has only recognised the deeming provision of section 8a since the application of a society has not been decided within sixty days. ..... the meanwhile, as the term of the incumbent managing committee came to an end, the government, in terms of section 33 of the act, appointed initially an administrator and later an administrative committee, which is presently at the helm of the affairs. 7. .....

Kechery Service Co-operative Bank Ltd. Vs. the Commissioner of Income ...

Court : Kerala

Reported in : (2003)182CTR(Ker)517; [2003]263ITR161(Ker); 2003(2)KLT32

..... all the appellants are either co-operative societies or co-operative banks registered under the co-operative societies act. ..... the learned single judge observed that a co-operative society or a co-operativebank will come within the definition of 'person' in section 2(31) of the act and therefore cooperative societies/banks are not immune from proceedings under section 133(6) of the act. ..... was also to verify whether there is compliance of section 269ss by the co-operative societies and co-operative banks all other observations made by the learned single judge by and large represents the correct position regarding the scope of section 133(6) of the act.10. ..... therefore, the notice issued under section 133(6) is essentially to verify whether there is compliance of section 269ss by both depositors and the acceptors, namely, co-operative societies and co-operative banks and since section 269ss is upheld by the supreme court in the decision referred to above, i do not think the petitioners can challengethe notice issued calling for details of deposits.'.7. ..... it is unnecessary for us to deliberate much on the scope of section 133(6), for it is no longer re integra in view of the decision of the supreme court in karnataka banks's case mentioned supra. ..... the standing counsel further submitted that the supreme court in karnataka bank's case mentioned above has clearly explained the scope of the provisions of section 133(6) of the act after the amendment made by the finance act, 1995. .....

Jaya Balagangadharan Vs. The State of Kerala represented by The Chief ...

Court : Kerala

..... a co-operative society referred to in clause (cc)"; the aforesaid provision clearly excludes a government company referred to in clause (cc) of section 3, which is defined as under; "(cc) the expression "corporation owned ..... "company" has been given the meaning as provided under section 3(e) as under; "[(e) the expression "company" means- (i) a company has defined in s.3 of the companies act, 1956, other than a government company referred to in clause (cc)-, (ii) a society registered under the societies registration act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, other than a society referred to in clause (cc); (iii) a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any state, other than ..... state of karnataka (2008 (7) scc 53) is relied upon to contend that malafides cannot be presumed. ..... state of karnataka; govt. of t.n. v. ..... state of karnataka and others (2012 (3) scc 727). .....

Nanmanda Rural Co-Operative Housing Society Limited and Another Vs. K. ...

Court : Kerala

..... in that context, the learned counsel would underline that any final award to be passed under section 70 (1) of the kerala co-operative societies act (for brevity 'the act') should be appealable under section 82 of the act and an interim order to be passed shall be revisable under section 84 of the act. 22. ..... the adjudication of service disputes, thus, had been undertaken under the said enactment until the kerala co-operative societies act incorporated the adjudicatory remedial mechanism; for example, section 69 of the act. ..... in the areas where not much guidance is available under the co-operative societies act, reliance on the established practices or precedents under the id act, as a matter of external aids, is, to me, permissible. 48. ..... as such, we can, as has been heavily relied on by the learned counsel for the petitioner, profitably refer to the in para materia, or at least certain analogous, provisions of the industrial disputes act to appreciate the adjudicatory ambit of the kerala co-operative societies act as regards service disputes. 29. ..... before we can resolve the legal tangle on that issue, it is essential to have a comparative perspective certain provisions of the kerala co-operative societies act and the industrial disputes act, 1947. 38. ..... on the issue of the delays in converse cases, the karnataka high court in motor industries ltd. v. d. ..... management, nccbm, ((2005) 2 scc 684) in which the supreme court has observed, placing reliance on karnataka srtc v. .....