Judgment Search Results Home > Cases Phrase: karnataka co operative societies act 1959 section 39h penalty for misconduct at the polling station

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. ..... it is to be borne in mind that the karnataka co-operative societies act, 1959(for short, the act ) was enacted with the objective to promote voluntary formation of autonomous functioning, democratic control and professional management of co-operative societies. ..... 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. ..... rule 3-b(iii) of the karnataka co-operative societies act, 1959 reads as under: 3-b. ..... section 6 of the act provides for filing of an application with the registrar in the prescribed form seeking for registration of a co-operative society. ..... 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. .....

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

Court : Karnataka

Reported in : 2006(1)KarLJ233

..... this takes us to the other contention of the learned 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 in favour of the society. ..... we cannot say that the landlords are not proper and necessary parties to the writ petition filed by the society impugning the endorsement dated 4-6-2001 at annexure-m, since the aggrieved landowners have preferred the writ appeals and the matter was heard threadbare on merit and since the impugned endorsement dated 4-6-2001 could not be sustained in law, there is no justification for us to dismiss the writ petition filed by the society in limine as suggested by the learned counsel for the appellant-landowners solely on the ground that the owners of the subject land were .....

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

Court : Karnataka

..... , dated 02.02.2009in the backdrop of the points explained in the preamble and in exercise of the power conferred 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) with mangalore as its headquarters and udupi district central co-operative bank with udupi as its headquarters shall be established.2) the co-operative societies of the respective districts shall ..... that in public interest and for the purpose of securing proper implementation of co-operative and other development programmes approved or undertaken by the state government or for specially safeguarding the interest of the members belonging to the scheduled castes, scheduled tribes and other backward classes and ensuring reservation to persons belonging to such castes, tribes or classes in the services under the co-operative societies, it is necessary to issue directions to any class of co-operative societies generally or to any co-operative society or co-operative societies in particular, it may issue directions from time to time and all such co-operative societies or the co-operative society concerned shall be bound .....

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? ..... after the special general body meeting approved the amendment of bye-laws, the society forwarded the said proposal for the approval of the assistant registrar of the co-operative societies, by a letter dated 12.08.1974. ..... 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. ..... 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 body and submit the same for necessary action.17. .....

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

Court : Karnataka

Reported in : [1992]75CompCas266(Kar)

..... however, 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 ..... re [1909] 1 kb 591, the constriction of exceptions must be with utmost strictness because exceptions are inserted in the policy mainly for the purpose mainly for the purpose of exempting the insurers from liability for a loss which, but for the exception, would be covered by the policy.12. ..... principally, we have given reason for misdirection in the appreciation of the evidence by the learned trail judge and it was on account of the fact that he put the burden on the plaintiff to prove that burglary had taken ..... he let them off with an admonition having regard to the fact that the trail has taken place more than 2 1/2 years earlier and the accused had moved up and down for the sake of trail and that itself was sufficient punishment.10. ..... 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 defendant ..... the light of the answers given to the question formulated above, we allow this appeal and we have no choice but to reverse the finding of the trail court and decree the suit as prayed for. ..... the following few facts are necessary to be stated for the purpose of a just disposal of the ..... of that application, questions were addressed to them in the light of the new piea of guit and prayer for mercy. .....

Srinivasa Construction Vs. The Mysore And

Court : Karnataka

..... reference is made to the proceedings under the karnataka co-operative societies act, 1959 ( the kcs act for short) wherein the petitioner has failed. ..... counsel for the petitioner in that view on referring to the proceedings that had been initiated by the petitioners under section 70 of the kcs act and the order dated 02.08.2008 (annexure-l) passed therein and also the order dated 29.08.2013 7 (annexure-s) passed in appeal by the karnataka appellate tribunal ('kat' for short) would contend that the petitioners were prosecuting the proceedings before a different forum and the need for resorting to the instant proceeding seeking arbitration arose only because the kat held that the petitioners not being members of the respondent society ..... the petitioners no.2 and 3 herein instead of choosing the said course however raised a dispute under section 70 of the kcs act immediately thereafter since the respondent is a co- operative society governed under the said act. .....

Basavaraj Nagappa Mailwar Vs. Common Cadre Authority

Court : Karnataka

Reported in : ILR1986KAR701; (1986)IILLJ36Kant

..... 128a of the karnataka co-operative societies act, 1959, empowers the state government to constitute authorities for the recruitment, training and disciplinary control over the prescribed class of employees of the prescribed co-operative societies which the state government has given financial aid : whereas the prescription of such class of employees and the co-operative societies and the constitution of authorities are under active consideration of the state government. ..... ' 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. ..... the section empowers government to issue directions either in the public interest or for the purposes enumerated thereto. ..... (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. .....

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

..... the karnataka co-operative societies act, 1959, has been enacted to consolidate and amend the co-operative societies in the state of karnataka. ..... the language employed in section 30b of the karnataka co-operative societies act, which is under consideration in this writ petition is not in pari materia with section 65 of the bangalore development authority act. ..... the said society is registered under the karnataka co-operative societies act, 1957 (for short 'the act'). ..... the court was not considering the scope of section 30b of the co-operative societies act, 1959. ..... state 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 the state government to issue an order, which is opposed to the other provisions of the act. ..... 4 and 5 in their 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. .....

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

..... therein after considering the provisions of the karnataka co-operative societies act, 1959 as well as the kerala co-operative societies act, 1969 the supreme court reiterated the position that the administrator or the committee of management appointed (by the registrar) to administer the society while the regular managing committee is under suspension does not have the power to enrol new members. ..... section 25 of the maharashtra co-operative societies act, 1960 (for short, 'the act') provides for cessation of membership, which reads thus:25. ..... (2) no member of a society who has been expelled under the foregoing sub-section shall be eligible for re-admission as a member of that society, or for admission as a member of any other society, for a period of one year from the date of such expulsion;provided that, the registrar may, on an application by the society and in special circumstances, sanction the re-admission or admission, within the said period, of any such member as a member of the said society or of any other society, as the case may be.in our opinion, therefore, for expelling a member, the following conditions must be fulfilled. ..... section 35 of the act which provides for the expulsion of members, reads thus:35. .....