Court : Andhra Pradesh
Reported in : 2006(3)ALD479; 2006(2)ALT432
..... in this counter also, the 5th respondent has challenged the bona fides of the petitioner, on the ground that the certified copies of the detailed particulars about the petitioner-society were obtained from the registrar of societies and those documents do not show that smt. n. ..... one document reads as, 'the committee below will function till the next general body meeting to dated in august, 1995. ..... 5 moved an application before the registrar of societies on 25th of march, 2005 and sought documents from the registrar. ..... 2840/93 in the office of the registrar of societies, hyderabad. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD(Cri)415; IV(2006)BC404
..... referred as 'service rules') issued in g.o.ms.no.372, revenue (u), dated 24-02-1983, as per which there are two grades of sub-registrars, i.e, sub-registrar, grade-i who will be in category-1 and sub-registrar, grade-ii who will be in category 2 as per rule 2 of the service rules, appointment of sub-registrar, grade-i is by promotion from the category of the sub-registrars, grade-ii and for sub- registrar grade-ii is by direct recruitment or by recruitment by transfer and as per rule 4 of the service rules, the appointing authority ..... the main contention of the learned counsel for the petitioner is that since petitioner while discharging his duties as sub- registrar only had registered the deed of cancellation, the learned magistrate was in error in taking cognizance of the offence against the petitioner though no sanction to prosecute him was obtained by the 2nd respondent under section 197 ..... rule in the service rules lays down the deputy inspector general of registration and stamps has to obtain sanction from the government to remove sub-registrar grade-i or grade-ii from service. ..... it is well known that appointing authority has the power to remove also, deputy inspector general of registration and stamps would be the authority to remove sub-registrars g! ..... and in any event, since petitioner, as sub-registrar has no option but to register a document present to him, if it complies with all the requirements of the stamp act and registration act, no malafides can be attributed to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(3)ALD137; 2005(4)ALT196
..... 1 to 3 in not exercising their jurisdiction vested in and directing the petitioners to approach other authorities under section 23 of the act, 2001 as illegal and to set-aside the latter dated 3-4-2004 issued by the registrar of societies (3rd respondent) as illegal;(4) to direct the state of andhra pradesh (5th respondent to invoke its powers under section 31 of the act, 2001 and to direct the 4th respondent society to bring its bye ..... either the registrar or the registrar general has no power either supervisory or otherwise to take action against the ..... the registrar or the registrar general has a statutory public duty cast upon him to examine the bye-law of the society with reference to the provisions of the act, 2001 and if they are found to be contrary to or inconsistent ..... registrar refuses to register the society, appeal shall lie to the registrar general ..... provides that after the dissolution of the society by passing a special resolution with the prior intimation to the registrar and on such dissolution, all the necessary steps shall be taken for the disposal and settlement of the property ..... act, 2001, a society can be dissolved by passing a special resolution with prior intimation to the registrar and all necessary steps shall be taken for the disposal and settlement of the property of the society, and its claims and liabilities according to the bye-laws, if any of the society, and if there are no bye-laws, the general body is entitled in the manner as it finds expedite. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD430; 2005(2)ALT291
..... a viable manner; and it is necessary in public interest to transfer its assets or assets and liabilities, in whole or in part, to any other person, he may make an order to that effect.2(i) the registrar shall, before forming the opinion and making the order under sub-section (1), give an opportunity to the society by calling upon it by notice in writing in such manner as may be prescribed to state its objections ..... be the responsibility of the society to place the notice received from the registrar before the general body convened for the purpose and communicate its objections or representations, if any, to the registrar within a period of four weeks from the date of receipt of the notice from him:provided that the registrar may receive the objections or representations, if any, from the society after ..... be the responsibility of the society to place the notice received from the registrar before the general body convened for the purpose and communicate its objections or representations, if any, to the registrar within a period of four weeks from the date of receipt of the notice from him:provided that the registrar may receive the objections or representations, if any, from the society after ..... the liabilities of the society as per the priorities set out in sub-section (9);(viii) providing such other service or assistance as the registrar may think it necessary; and(ix) advising and assisting generally on matters relaing to employees, creditors and other matters connected with the sale. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD807; 2005(4)ALT260
..... and stamps, tirupati, : 1999(4)ald81 , this court while dealing with section 17 of the act the registration of documents and purchase of land of a mutt held that:'the sub-registrar being a statutory authority cannot refuse to register a document at the dictation of an extraneous authority and refusal to register the sale deed of the petitioner on the direction of the custodian of endowments, an extraneous authority is not legal and hence, ..... 707 of 2002.the division bench while deciding the similar question had arrived at a conclusion that the memo issued by the inspector general of registration and stamps as well as the memo issued by the mandal revenue officer directing the sub-registrar not to register the documents are void and inoperative. ..... section 71 of the act dealing with reasons for refusal to register to be recorded reads as hereunder:'(1) every sub-registrar refusing to register a document except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his book ..... inspector general of registration under section 69 can only exercise general superintendance over all the registrars under the act and make rules consistent with the provisions of the act, providing for the matters mentioned therein ..... the sub-registrar cannot refuse to register the document on the basis of the memos issued by the mandal revenue officer and the inspector general of registration and stamps.12 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD488
..... this aspect of the matter, learned counsel also would contend that delegation of powers were only to the limited extent, and at any rate, the powers of the registrar had not been conferred on the second respondent; in this regard, and in this view of the matter also, the impugned order made by the second respondent ..... every other person appointed under sub-section (1) shall exercise under the general superintendence of the registrar, such powers of the registrar, under this act as the government may, from time to time ..... the first respondent is having powers under section 3 of the act to appoint the registrar of co-operative societies of the state or any number of registrars which are necessary by the government, accordingly vide g.o. ms. no. ..... section 3 of the act reads as hereunder:appointment of registrar and other persons for the purpose of this act :--(-1) there shall be appointed a registrar of co-operative societies for the state and as many other persons as the government think fit for ..... /88-c, dated 9-11-1992 who is vested with powers of registrar in respect of primary agricultural co-operative societies in terms ..... thereafter, the deputy registrar of bhadrachalam issued surcharge proceedings under section 60(1) of the act fixing the liability of ..... the deputy registrar of co-operative societies, bhadrachalam on receipt of the enquiry notice, dated 22-08-1980 issued show cause notice to the writ petitioner under section 60 of the act calling upon the petitioner to submit explanation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD194; 2009(5)ALT43
..... such inquiry shall be completed within a period of four months from the date of commencement of the enquiry and the report of enquiry along with the findings of the registrar thereon shall be placed before the next general meeting of the society:provided that the registrar may, for reasons to be recorded in writing extend the period aforesaid for a further period not exceeding two months'.the words '.....the report of enquiry along with the ..... that in the light of the language employed in the said provision the same is mandatory and the learned government pleader for co-operation contending that it is only with a view to give intimation to the general body and nothing more and hence the same may have to be construed as directory and on that ground the proceedings would not be vitiated. ..... sri siva prasad, the learned counsel representing the petitioner would contend that the report was not placed before the general body as per section 51 of the act and the said provision being, mandatory, the proceedings are liable ..... no.5/87 dated 7-6-1989 is set aside and the matter is remanded to the 2nd respondent, the deputy registrar of cooperative societies, gudivada, to conduct an enquiry after issuing notice and reasonable opportunity to the petitioners and pass appropriate orders in accordance with ..... the learned government pleader also would contend that placing the enquiry report before the general body of the society is only for the purpose of intimation and the said provision cannot be said .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2005AP317; 2005(2)ALD801
..... 1st cited, when certain documents executed by the petitioner therein on 25-10-1953 described as an agreement to be produced before the registrar of trade marks for the purpose of transferring the trade marks, the registrar was of the opinion that the document in question was really a sale deed and sent it to the collector of madras ..... since the revision was filed against the order passed by the district registrar under sections 31 and 32 of the act, it is necessary to resolve the controversy on true interpretation of above section which provides: section 31 adjudication, as to ..... no revision petition entertained undersection 56(1) of the orders of the district registrar passed under sections 31 and 32 of the act.5. ..... for the bank to submit the document which can be dealt with by the concerned sub-registrar in accordance with law.6. ..... the assistant inspector general(law) filed a counter stating that the draftlease deed attracts article 31(a)(iv)(c) and (d) of schedule i-a to the act and it has to be calculated on the basis of annualrent, advance paid and also developments ..... the district registrar, karimnagar endorsed the certificate of adjudication of the lease deed under section 32 of the act which reads thus:this document is a lease chargeable with a ..... district registrar, : air1966mad36 , upheld the contention put forward by the petitioner holding that once the power of chief controlling revenue authority is invoked by the aggrieved party under section 56(1) and if thereafter, that .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD85; 2005(2)ALT532
..... , 1978 (1) aplj 347, case division bench of this court considering the clause (a) of section 32(7) of the act, in a case wherein a persons-in-charge appointed for a particular term, held that after the expiry of the term, the registrar is not bound to extend the term, he can on the other hand, appoint some other person or persons-in-charge to manage the affairs of the society.15. in m. ..... (7)(a) if there is no committee or in the opinion of the government or, the registrar, it is not possible to call a general meeting for the purpose of conducting election of members of the committee, the government, in respect of such class of societies as may be prescribed and the registrar in all other cases may appoint a person or persons to manage the affairs of the society for a period not exceeding six months and the government may, on their own and the registrar with the previous approval of the government ..... appointing the official persons-in-charge and keeping them in office for long periods as a general rule is equally contrary to the spirit and scheme of the act. ..... deputy registrar, kurnool, : air1977ap274 , case considering the provisions of the sections 31(2)(b), 123 of the act a full bench of this court has held that power of registrar to extend term of managing committee is discretionary one and the same has to be exercised for the purpose of the act in good faith and at relevant grounds.14. in dy. ..... registrar co-operative societies v. k. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD112
..... co-operative societies act, under which the case on hand arises specifically states that in exercising the powers conferred under the act, the tribunal, the registrar or any person authorised by him by general or special order shall have the power of a civil court while trying the suit under the c.p.c. ..... the short question that arises for consideration in this writ petition is whether against the order passed by the deputy registrar, divisional co-operative officer, in an interlocutory application pending surcharge proceedings under section 60 of the andhra pradesh co-operative societies act 1964 (for short 'the act'), an appeal is maintainable under section 76 of the act.3. ..... the said application was dismissed by the 2nd respondent-deputy registrar, by order dated 10-8-2004 holding, that in the absence of original inquiry report, there is no need to call the said persons for giving evidence. ..... krishna murthy, ex-deputy general manager (finance) of corporate r&b;, bhel, to give evidence and also to be cross-examined as witnesses on behalf of the society. ..... lakshminarayana, general manager (p&a;) and sri t. .....
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