Judgment Search Results Home > Cases Phrase: karnataka co operative societies act 1959 section 39e officers etc at election not to act for candidates or to influence voting

The Managing Director, Karnataka Milk Federation Limited and ors. Vs. ...

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. ..... we are also of the view that, though the registrar was entitled to refuse to entertain the application under section 70 of the karnataka co-operative societies act, he has done so for the wrong reason. ..... having heard learned counsel for the appellants and the learned counsel for the respondents and having considered the materials placed on record, we have no hesitation to uphold the view taken by the learned single judge that the dispute raised by the writ petitioners does not come under the purview of section 70(2)(d) of the karnataka co-operative societies act and therefore the jurisdiction of the labour court is not excluded. ..... the main challenge in the writ petition was annexure-'b' dated 24.6.2004 issued by the commissioner for labour, as per annexure-'b', the labour commissioner rejected the petition dated 25.2.2004 submitted by the principal secretary, karnataka milk federation employees federation ltd. ..... it is for the authorities under the industrial disputes act to consider the merit of the claims. ..... , bangalore for reference of an industrial dispute under the provisions of the industrial disputes act. ..... for the reasons stated above, there is no merit in the appeal and the appeal is dismissed. .....

Prathamik Krushi Pattin Sahakari Vs. The State Of Karnataka

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. ..... 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. ..... however, the registering authority at the time of according permission for registration of a new co- operative society has to consider certain factors as stated in the karnataka co-operative societies act and rules made thereunder, which includes overlapping of the existing similar co-operative societies as per rule 3-b(iii) of the rules, so that the co-operative society to be registered or a competing co-operative society, which is in existence will not become a failure and the co-operative movement is not thwarted and that the registration of a new society should benefit the persons in the area. .....

B. Anjanappa and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2006(1)KarLJ233

..... 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 enquiry report and submit compliance report ..... in pursuance 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-560 003. ..... it is a fact that enquiry under section 64 of the karnataka co-operative societies act, 1959 was conducted and the report was submitted to this office. ..... jurisdiction, to issue to any person or authority, including in appropriate cases any government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by part iii and for any other purpose.this article is couched in comprehensive phraseology and it ex facie confers a wide power on the high courts to reach injustice wherever it is found. ..... at the same time, it needs to be noticed that all that this court did was to take note of the observations made against the society vis-a-vis its conduct in admitting ineligible members, deploying agents etc. ..... visweswara that the society is a bogus society having committed illegalities and irregularities including that of admitting bogus or ineligible members etc. .....

Vadiraja Shetty and Others Vs. the State of Karnataka, Rep. by Its Sec ...

Court : Karnataka

..... on the government under section 30-b (1) of the karnataka co-operative societies act, 1959, the following directions are given to the south canara district central co-operative bank management committee and the managing director:1) the existing south canara district central co-operative bank shall be bifurcated and dakshina kannada district central co-operative bank (residual bank) ..... votes opposing the establishment of a separate district central co-operative bank for udupi, expressed the opinion that if the south canara district central co-operative bank is bifurcated and a separate dcc bank is established at udupi, both the banks would be weakened and because of paucity of capital it would not be possible to make sufficient advances for development of co-operative societies ..... operative society or each of the new co-operative societies as the case may be and(iii) the bye-laws which the new co-operative society of each of the new co-operative societies shall until amended in accordance with the act and the rules, follows.provided that the registrar may be order curtail the term specified under sub-section (i) and take necessary steps to hold the general meeting of co-operative society and elections ..... section (1) it shall not be necessary for the registrar or any other officer to give any co-operative society ..... not ordinarily interfere with the policy decisions of the executive unless the policy can be faulted on grounds of mala fide, unreasonableness, arbitrariness or unfairness etc .....

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

..... (4) whether the plaintiff proves that he has issued notice to the registrar of co-operative societies in conformity with section 125 of the karnataka co-operative societies act, 1959? ..... before filing of the suit he has issued notice to the registrar of cooperative societies, under section 125 of the karnataka co-operative societies act, 1959.46. ..... notice issued under section 125 of the karnataka co-operative societies act to the registrar of societies is not in accordance with law. ..... however, after elections were conducted the new office bearers took over on 25.04.1980 and the very same proposals were sent to the assistant registrar of the co-operative societies, who by a letter dated 03.09.1980 declined to approve the proposed amendments on the ground that the approval is sought after seven years from the date of passing of the resolution and informed the society to re-examine all the bye-laws and bring a fresh amendment proposal before the general ..... the object of selling the sites to the non-members is to raise money to pay the loan to the corporation which the society had borrowed for the formation of the layout and also to avoid payment of interest as the members of the society were not co-operating in contributing funds for the said purpose. ..... section 19 of the act provides that, when consent to an agreement is caused by coercion, fraud, misrepresentation or undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. .....

Sri Krishna Rajendra Mills Co-operative Society Ltd. Vs. New India Ass ...

Court : Karnataka

Reported in : [1992]75CompCas266(Kar)

..... the plaintiff is a co-operative society registered under the karnataka co-operative societies act, 1959, its offices and branches are located in mysore ..... that was not the end of the matter; the defendant-assurance company preferred an appeal to the then co-operative appellate tribunal, banglore, inter alia, contending that the assurance company, not being a co-operative or a member society, the questions of the karnataka co-operative societies act, 1959, did not arise and, therefore, the award was ..... written statement while admitting the fact of the policy having been taken out by the plaintiff-co-operative society, nevertheless contended that the suit was not maintainable as the secretary was not empowered to file the suit, inter alia, admitted that there secretary was not empowered to file the suit, inter alia, admitted that there was burglary in the branch office on 100 feet road (chamraja double road) and goods valued at rs. 35,769.20 ..... the plaintiff-society raised a dispute under section 70 of the karnataka co-operative societies act, 1959, before the assistant registrar of co-operative societies, mysore district. ..... 4, the trail court held that the decedent was not liable to pay under the policy in view of the exception of the liability provided for in the policy and held in favour of the ..... the evidence of pws-2 and 3 prove is that persons broke open presumably the doors of the shop of the plaintiff and took away the cloth and other goods and causing damage to furniture, etc .....

Srinivasa Construction Vs. The Mysore And

Court : Karnataka

..... is made to the proceedings under the karnataka co-operative societies act, 1959 ( the kcs act for short) wherein the petitioner has failed. ..... , (previously known as the mysore district school teachers house building co-operative society ltd) a society registered under the karnataka co-operative societies act, no.114, vivekananda block, dr.s.radhakrishnan nagar, teachers layout, mysore-570011 ..... , (previously known as the mysore district school teachers house building co-operative society ltd) a society registered under the karnataka co-operative societies act, no.114, vivekananda block, 3 dr.s.radhakrishnan nagar, teacher s layout, mysore-570011 ..... , (previously known as the mysore district school teachers house building co-operative society ltd) a society registered under the karnataka co-operative societies act, no.114, vivekananda block, dr.s.radhakrishnan nagar, teacher s layout, mysore-570011 ..... the above said order, the kat arrived at the conclusion that the initiation of the proceedings under section 70 of the kcs act was without jurisdiction since the petitioners not being members of the respondent society could not have raised the dispute under the said provision. ..... by its partners (petitioners no.2 and3 office at no.427 sanmarga, 7/a cross, siddartha nagara, mysore-570011 sri.gopala krishna since dead by lrs 2. ..... the failure on the part of the respondents to name any arbitrator, appoint the2d arbitrator in addition to the arbitrator named by the petitioners herein and etc. .....

Basavaraj Nagappa Mailwar Vs. Common Cadre Authority

Court : Karnataka

Reported in : ILR1986KAR701; (1986)IILLJ36Kant

..... 30b of the karnataka co-operative societies act, 1959 (karnataka act 11 of 1959) the government of karnataka hereby directs that the co-operative societies specified below shall not make any recruitment for a period of three months from the date of this order, namely - (1) all co-operative societies/banks the jurisdiction of which extends upto or beyond a taluk. ..... ' this section, the validity of which is not in challenge empowers government to issue directions under the act to co-operative societies, generally or even to a particular co-operative society established and functioning under the act. ..... 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. 11. ..... (3) the state government may by notification delegate its power under this section to registrar subject to such restrictions and conditions as may be specified in the notification. ..... the section empowers government to issue directions either in the public interest or for the purposes enumerated thereto. .....

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

..... 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 ..... 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. ..... 5.8.2006 under the chairmanship of the first respondent, the representatives of the employees/workers union of the factories and also the officers and president of dcc bank have participated and after a detailed discussion, it was unanimously agreed to revive the factory of the 4th respondent by way of leasing out on the models of sriram sahakari sakkere karkhane limited for the benefit of all the shareholders.3.2. ..... pf,leave encashment, etc due to workers ..... depositsrefundable to farmers, etc-236.84it is further contended that the factory has sustained accumulated ..... due to central government783.00g.pledge loan of sugar due to belgaumdistrict, central co.op.bank ltd.4150.00h.ots due to government1164.00i.deposits due636.00j.other liabilities (interest on bankloan and etc. .....

S.M. Kamble and ors. Vs. Jt. Registrar, Co-operative Societies, Cidco ...

Court : Mumbai

Reported in : 2008(1)ALLMR692; 2008(1)BomCR695; 2007(6)MhLj890

..... nagaraja air 1995 sc 2925 the supreme court, while interpreting the provisions of karnataka co-operative societies act, 1959 has held that the administrator has no power to enroll the new members; he has only power to organise the election in accordance with the law, and the bye-laws of the society. ..... enrolment of new members would involve the alteration or the composition of the society itself and such a power should be exercised by an elected committee rather than by an administrator or a committee appointed by the registrar while the regular management committee is under suspension.section 32(4) of the kerala co-operative societies act, 1969 is pari-materia with section 78(2) of the maharashtra co-operative societies act, 1960. ..... - (1) a society may, by resolution passed by a majority of not less than three-forths of the members entitled to vote who are present at a general meeting held for the purpose expel a member for acts which are detrimental to the interest or proper working of the society;provided that, no resolution shall be valid, unless the member concerned is given opportunity of representing his case to the general body, and no resolution shall be effective unless it is approved by the registrar. ..... 1 registrar shall appoint an officer not below the rank of an assistant registrar, co-operative societies as a returning officer. .....