Court : Kerala
Reported in : AIR2005Ker72; 2005(1)KLT206; [2006]69SCL33(Ker)
J.B. Koshy, J.1. The issue to be decided in this case is the power of State Government in nominating Directors in the Board of Multi-State Co-operative Societies Under Section 48 of the Multi-State Co-operative Societies Act, 2002 (Act 39 of 2002) (hereinafter referred to as 'the 2002 Act'), vis-a-vis the power of nomination by the Central and State Governments as per the bye-laws. The Central Areacanut and Coco Marketing and Processing Cooperative Ltd., properly known as CAMP CO Ltd. is a Multi-State Co-operative Society. The bye-laws of the society were framed in conformity with the provisions of the Multi-State Co-operative Societies Act, 1984 (Act 51 of 1984) (hereinafter referred to as 'the 1984 Act'). The State Governments of Kerala and Karnataka have subscribed to the share capital of the second respondent society. Clause 16 of bye-laws of the society provides the constitution of the Board of Directors of the society. The total members of the Board is 19. As per Clause 16(1)(c) ...
Tag this Judgment!Court : Kerala
1. The petitioner, a promotee of a proposed Multi-State Co-operative Society, assails Exhibit P5 communication of the respondent on the grounds that she cannot be compelled to obtain a No-Objection Certificate from the Registrar of Co-operative Societies of the State concerned. 2. The facts in brief are that when the petitioner submitted her application under Section 7 of the Multi-State Co-operative Societies Act, 2002, to the respondent for the registration of a Society, the respondent through Exhibit P3 required the petitioner to comply with certain objections, which include the production of a No-objection Certificate and modification of bye-laws. 3. In the course of time, the petitioner appeared before the respondent in person and presented the documents required by the respondent. She has, nevertheless, did not produce any No-Objection Certificate from the Registrar of Co-operative Societies of the State of Kerala. 4. Under those circumstances, the respondent, making a specific r...
Tag this Judgment!Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE18H DAY OF AUGUST201527TH SRAVANA, 1937 WP(C).No. 18217 of 2015 (B) --------------------------------------------- PETITIONER: HALDAR VIKAS CREDIT CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS PRESIDENT, 105, BILLY PATRA COMPLEX, HARNI-VARASIA RING ROAD, VADODHARA, GUJARAT - 390 006. BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN SRI.JOSEPH GEORGE(MULLAKKARIYIL) RESPONDENTS:1. CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES, 15, HANUMAN ROAD, HANUMAN ROAD AREA, CONNAUGHT PLACE, NEW DELHI - 110 001.2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THYCAUD, THIRUVANANTHAPURAM - 695 001.3. STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. R1 BY ASST. SOLICITOR GENERAL SRI.N NAGARESH R1 BY CGC SRI.M.C.MONY R2 & R3 BY GOVT. PLEADER SRI.A.J.JOSE AEDAIODI THIS WRIT PETITION (CIVIL) HAVING COME ...
Tag this Judgment!Court : Kerala
Reported in : 2005(2)KLT191
J.B. Koshy, J.1. The issue for consideration in this case is whether notice under Section 115 of the Multi-State Cooperative Societies Act, 2002 (hereinafter referred to as 'the Multi Societies Act') is necessary for filing an eviction petition under the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as 'the Rent Act') against a Multi-State Cooperative Society. First petitioner, All India Handloom Fabrics Marketing Co-operative Society Ltd. is having the showroom in a rented premises owned by the respondents. Respondents filed an application under Section 11(3) and 11(8) of the Rent Act before the Rent Control Court for evicting the first petitioner society. Petitioners raised a preliminary objection before the Rent Control Court that since they are a National Cooperative Society within the meaning of the 'Multi-State Co-operative Society' as defined under the Multi Societies Act, it is obligatory that notice under Section 115 of the Multi Societies Act should b...
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT46
S. Siri Jagan, J.1. The petitioner is a candidate who aspires to contest the election to the Managing Committee of the 5th respondent Co-operative Bank. His nomination has already been accepted. Now he raises a grievance regarding the manner of printing of ballot papers for the election. According to the petitioner hitherto, the practice followed for election in this particular Co-operative Society and other Co-operative societies in the area was to print the names of the candidates, in the ballot paper in different colours. But contrary to the practise followed, now, on the basis of Ext.P4 circular issued by the Registrar of Cooperative Societies, the returning officer intends to print the names of the candidates in the ballot paper in single color, which is inconsistent with the practice followed in the elections of this Co-operative Society and other Co-operative Societies in that area. The petitioner is aggrieved by the same.2. The petitioner challenges C1. No. 1 of Ext.P4, which p...
Tag this Judgment!Court : Kerala
Reported in : 2006(3)KLT38
J.B. Koshy, J.1. In these group of cases, the main question to be decided is whether Co-operative banks are liable to comply with the directions of the Reserve Bank of India issued from time to time. W.A.No. 707 of 2003 was filed by Wandoor Service Co-operative Bank Limited against the judgment of the learned single Judge in O.P.No. 26589 of 2002. The above O.P. was filed for a declaration that the registration of Wandoor Co-operative Rural Bank Ltd., fourth respondent in the O.P. in violation of the provisions of the Banking Regulation Act, 1949 (in short B. R. Act) and not to permit the fourth respondent to function as a Rural Bank. The learned single Judge found that the fourth respondent was not a primary agricultural credit co-operative society as defined under Section 2(c) of the Co-operative Societies Act as the bye-laws would show that it was for providing credit facilities for industry, education, trade and employment and the above Rural Cooperative Bank is, in fact, an Urban ...
Tag this Judgment!Court : Kerala
B. Radhakrishnan, J . 1. These appeals by primary agricultural credit societies registered and classified as such under the provisions of the Kerala Co-operative Societies Act, 1969, for short, 'KCS Act', relate to exemptions claimed by them with reference to section 80P(4) of Income Tax Act, 1961; hereinafter, 'IT Act'. Issues are also raised relating to the validity or otherwise of the returns filed by the assessees beyond the period stipulated under section 139(1)/(4) or section 142(1)/148 for the purpose of deciding exemption under section 80P of the IT Act. Inci dental issues relating to doubtful debts proportionate to the gross total income and the status of rural branch to claim deduction referable to section 36 (1)(viia) of the IT Act are also raised. 2.Heard Snr.Adv.Firoze B.Andhyarujina and Snr.Adv.T.M.Sreedharan and other learned advocates for the appellants and Snr.Adv.P.K.R.Menon, learned senior standing counsel for the Government of India (Taxes) assisted by Adv.Jose Jose...
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ9
S. Siri Jagan, J.1. The petitioner in this writ petition is the present managing committee of the Vallappuzha Service Co-operative Bank Ltd., a co-operative Society registered under the Kerala Co-operative Societies Act, 1969, (hereinafter referred to as 'the Act' for short) represented by its President Sri. P.K. Koya. As originally constituted, the challenge in the writ petition was against Ext PI show cause notice issued under Section 32(1) of the Act, directing the committee to show cause why the committee should not be superseded under that Section for the 12 irregularities detailed therein. By interim order dated 8-5-2007, this Court directed mat the implementation of any order pursuant to Ext. P1 shall be kept in abeyance for three weeks. Subsequently, after several extensions of the said order, the same was extended until further orders on 13-1-2007. Thereafter, ExtP5 order dated 6-12-2007 was passed by the 1st respondent, superseding the Society and appointing an administrator ...
Tag this Judgment!Court : Kerala
T.R. Ramachandran Nair, J. 1. This writ petition is at the instance of the petitioners who are mentally retarded children, represented by their guardians. The subject matter of dispute is the alleged denial of admission for them for the academic year 2011-2012 in the Shilpa Special School, Palluruthy, of which the seventh respondent is the Principal. 2. Elaborate arguments have been heard on both sides. The resolution of the dispute requires consideration of the facts in some detail and therefore initially I shall refer to the factual aspects. 3. According to the petitioners, the classes for the academic year 2011-2012 started on 15.6.2011. The school is managed by a Society called "Shilpa Society for the Mentally Handicapped" represented by the sixth respondent Secretary. They are getting grant from the Central Government. Even though it is alleged in the writ petition that they have been receiving grant from the State Government and the Cochin Corporation, the same was found not corr...
Tag this Judgment!Court : Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE5H DAY OF AUGUST201514TH SRAVANA, 1937 WP(C).No. 23413 of 2015 (B) -------------------------------------------- PETITIONER: THE NATIONAL INSTITUTE OF TECHNOLOGY MULTI PURPOSE CO-OPERATIVE SOCIETY LTD NO.1883 (NIT MULTIPURPOSE CO-OPERATIVE SOCIETY LTD.) NIT POST, KOZHIKODE REP. BY ITS HONORARY SECRETARY. BY ADV. SRI.P.P.JACOB RESPONDENTS:1. M.K. GOPALAN, MAYYANKANDIYIL, P.O.CHULOOR, POOLAKODE AMSOM, VELLANNUR DESOM, KOZHIKODE-673 601.2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PUTHIYARA, KOZHIKODE-673 004.3. THE STATE CO-OPERATIVE ARBITRATION COURT, KOZHIKODE, (NORTH WING), 5TH FLOOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION BUILDING, ERANJIPALAM, NEAR PASSPORT OFFICE, KOZHIKODE-673 006. R2 & R3 BY SR.GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON...
Tag this Judgment!