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...
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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 ...
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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) ...
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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...
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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...
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1. The petitioners, eleven in number, have filed the writ petition assailing Exhibit P1 order of the Registrar, the second respondent, who has appointed an Administrator by exercising his powers under Section 33(1) of the Kerala Co-Operative Societies Act ('the Act' for brevity). 2. Very briefly stated, the respondent Federation got a duly elected Managing Committee comprising 23 members: 14 elected, 7 ex officio and 2 nominees of the Government. In the course of time, the Managing Director, who is also an ex-officio member of the Managing Committee, addressed a communication to the Registrar to the effect that the Managing Committee of the respondent Federation did not have sufficient quorum to transact its business in its meetings held on 16.01.2015 and 26.02.2015. Taking the Managing Director's communication as an expression of opinion on his part that there is an administrative stalemate, the Registrar through Exhibit P1 appointed an Administrator. Thus, the Managing Committee stoo...
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Ashok Bhushan, C.J. 1. This Appeal has been filed by a Co-operative Bank and its President who were respondent Nos.5 and 4 to the Writ Petition filed by three petitioners, members of the Managing Committee of the Bank, challenging the proceedings initiated by the Bank for their expulsion from primary membership of the Bank. The learned Single Judge allowed the Writ Petition directing that the petitioners shall continue to be the members of the Bank. 2. The parties shall be referred to as described in the Writ Petition. 3. Brief facts of the case giving rise to this Writ Appeal are: Writ Petitioners were elected as members of the Managing Committee of the Bank (Directors of Board of Management of the Bank) on 05.09.2012. Petitioners 1 to 3 and other members of the Managing Committee sent a complaint dated 15.07.2013 to the Joint Registrar of Cooperative Societies, Thrissur making allegations against the Secretary of the Bank. Again a complaint dated 07.09.2013 was submitted by the petit...
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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...
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IN THE HIGH COURT OF KERALAATERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY,THE3D DAYOF JULY201512TH ASHADHA, 1937 WP(C).No. 18752 of 2015 (T) ---------------------------------------- PETITIONER : - ---------------------- TRIVANDRUM DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD., DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPOUND, TRIVANDRUM, REPRESENTED BY ITS AUTHORISED SIGNATORYAND CHAIRMAN, M.MAHEEN ABUBAKER. BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN SMT.UMMUL FIDA RESPONDENTS : - --------------------------- 1. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 003.2. THE MANAGER, DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 003.3. THE DIRECTOR OF INDUSTRIES AND COMMERCE, OFFICE OF THE DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN,THIRUVANANTHAPURAM-695 033.4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, THIRU...
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IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY,THE12H DAYOF JANUARY201522ND POUSHA, 1936 WP(C).No. 891 of 2015 (J) -------------------------- PETITIONER: ------------------- KALLADIKODE SERVICE CO-OPERATIVE BANK LTD.NO.7489 KALLADIKKODE PO, PALAKKAD DISTRICT, PIN678596 REPRESENTED BY ITS PRESIDENT BY ADVS.SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: ------------------------- 1. STATEOF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT CO-OPERATIVE DEPARTMENT, SECRETARIAT, M.G.ROAD, THIRUVANANTHAPURAM, PIN695001.2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD678001.3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MANNARKAD, PALAKKAD678582.4. THE STATE CO-OPERATIVE ELECTION COMMISSION CO-BANK TOWERS, VIKAS BHAVAN PO, THIRUVANANTHAPURAM PIN695033. BY SPECIAL GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1201-2015, THE COURT ON THE SAME DAY DELIVERED...
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