Court : Mumbai Nagpur
..... petitioners in both the matters are creditors, and the cooperative society from whom they have borrowed loan, have instituted proceedings under section 101 of the maharashtra cooperative societies act, 1960 (hereinafter referred to as "the 1960 act" for short). ..... the concerned society has then to move the cooperative court under section 91 for said recovery. ..... 5 and 6 in writ petition no.92/2009 has contended that section 101 is a provision for expeditious recovery only of arrears and hence, a limited enquiry as envisaged therein and as is clear from the provisions of chapter viii-a of the 1961 rules, is only open, there is no question of any opportunity of cross examination in that enquiry. ..... both the provisions begin with non obstante clause and do not militate with each other, but proceed to advance the legislative intention of enabling a society to have a speedy remedy for recovery of arrears due as land revenue. ..... it can not be even urged that legislature made that certificate final while denying the right to dispute the facts cardinal for its determination and intended to fasten the recovery as liability upon a person having bonafide and valid defence. ..... the language itself shows that the recovery contemplated is of arrears due to society. ..... " it is added on 18.05.2007 when chapter viii-a dealing with grant of certificate for recovery under section 101 came to be added to 1961 rules. .....
Tag this Judgment!Court : Mumbai Nagpur
..... petitioners in both the matters are creditors, and the cooperative society from whom they have borrowed loan, have instituted proceedings under section 101 of the maharashtra cooperative societies act, 1960 (hereinafter referred to as "the 1960 act" for short). ..... the concerned society has then to move the cooperative court under section 91 for said recovery. ..... 5 and 6 in writ petition no.92/2009 has contended that section 101 is a provision for expeditious recovery only of arrears and hence, a limited enquiry as envisaged therein and as is clear from the provisions of chapter viii-a of the 1961 rules, is only open, there is no question of any opportunity of cross examination in that enquiry. ..... both the provisions begin with non obstante clause and do not militate with each other, but proceed to advance the legislative intention of enabling a society to have a speedy remedy for recovery of arrears due as land revenue. ..... it can not be even urged that legislature made that certificate final while denying the right to dispute the facts cardinal for its determination and intended to fasten the recovery as liability upon a person having bonafide and valid defence. ..... the language itself shows that the recovery contemplated is of arrears due to society. ..... " it is added on 18.05.2007 when chapter viii-a dealing with grant of certificate for recovery under section 101 came to be added to 1961 rules. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(5)ALT126
..... . registrar, cooperative societies, 2004 (1) decisions to-day (sc) 738 the supreme court while dealing with the case relating to tamil nadu co-operative societies act, 1961 left the issue open without considering the question whether the cooperative society is a 'state' within the meaning of article 12 of the constitution of india ..... . on this analysis, specific service conditions, rights and liabilities of secretaries of the cooperative societies allotted to such societies under the decaderised disposition of section 116-aa of the act and in whose regard rules have been framed by the registrar under rule 72 (3) of the rules and have been adopted by the societies, are amenable to adjudication under public law parameters, including under article 226 of the constitution of india ..... ., : 2002(4)ald527 a division bench of this high court held that three-fourths of the societies are running in losses and the paid secretaries and other staff of the societies are drawing salaries irrespective of the margin of the interest available to the societies to meet the said expenditure... ..... . there is a comment that the transparency of administration is lacking in the societies and there are instances of the loans being not extended to the genuine farmers leading to the difficulty of recovery of the loans.88 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2003Bom502; 2004(1)ALLMR266; 2004(3)BomCR889; 2004(1)MhLj232
..... state of maharashtra, through the secretary, cooperative and agricultural department, mantralaya, bombay 1989 ctj 27 wherein the ratio was laid down that sub-section (1) of section 102 of the act demands that the registrar must form an opinion that the society ought to be wound up. ..... shri gawai also submitted that the registrar had acted on the material before him to pass the interim order of winding up of the societies to prevent further loss or damage to the societies.13. ..... in the present case, the statement showing demand, recovery and remittances for the last three years (july 1999-june 2000, july 2000-june 2001 and july 2001 - june 2002) would show that the remittances to the nabard by the banks which were put under the categories b & c were very much poor and this has necessitated the winding up of those banks in the larger interest of the farmers, asserts shri gawai.12. ..... it was noticed that since last couple of years, recovery of the bank became unsatisfactory and the bank had gone into huge loss day by day. ..... it was the sole duty of the banks to remit the loans to the nabards through recoveries effected. ..... it was the sole duty of the bank to remit the nabard's loan through recoveries effected by it. .....
Tag this Judgment!Court : Supreme Court of India
..... sub-section, any suit or proceeding for recovery or possession of tenement or premises or part thereof, initiated against the occupier in any court or before any authority whether, before or after making an application under this sub- section, shall not affect the right of such occupier to join or to continue as a member of the co-operative society of the occupiers of the building, but his membership of such cooperative society shall be subject to the final decision in such suit or proceeding: provided that, if, in the meantime before the final decision in such suit or proceeding ..... agreement, contract, judgment, decree or order of any court or tribunal to the contrary, a co-operative society formed or proposed to be formed under the provisions of the maharashtra co-operative societies act, 1960, by not less than 70% of the occupiers in a cessed building may, by written application, request the board to move the state government to acquire the land together with the existing building thereon or where the owner of the building does not own the land, but holds it as a lessee or licensee, then to acquire the right or interest of such owner or person in or over such building .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant148; ILR1978KAR605; 1978(1)KarLJ302
..... (2) the order shall,-- (a) provide for the devolution of the assets and liabilities of the co-operative society or societies amalgamated, divided or reorganised, and the date on which the devolution takes effect; (b) specify,-- (i) the composition, strength, names and the term of office of the members (including the chairman) of the first committee; (ii) who shall be the managing director/secretary, of the new cooperative 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 or each of the new co-operative societies shall, until amended in accordance with the provisions of the act and the rules, follow. ..... but, when a co-operative society is compulsorily amalgamated, the entire corporate body is disintegrated with cancellation of its registration, deprivation of its property and loss of office by its officers. ..... when such serious civil consequences and losses, pecuniary and otherwise, result from the order of compulsory amalgamation, is it reasonable to assume that the legislature has impliedly intended to deny even the minimal requirement of rules of natural justice! .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD351; 2000(3)ALT724
..... in this order, the government directed that a son/daughter or the spouse of the deceased employee of the co-operative society/agricultural development banks who died in harness may be appointed to the category to which he/she is eligible for appointment as per the rules without the medium of employment exchange subject to certain conditions. ..... it is also stated that the 3rd respondent appointed the petitioner contrary to the instructions issued by the 2nd respondent in regard to educational qualifications for the post in category v and the registrar issued a letter dated 11-5-1990 requesting the 3rd respondent to terminate the services of the petitioner in category v and appoint her to a post in category viii to which the petitioner is eligible as the petitioner passed intermediate examination. ..... however, in the case of appointments on compassionate grounds, the cooperative training is to be completed by the candidate at the cost of the bank after such appointment within a period of three years as per the circular eighth cited.'11. ..... , stood abolished as per the amendment act 1 of 1987 with effect from 1-4-1987. ..... co-operative laws (amendment) act, 1987 (act 1 of 1987) long-term co-operative banks and short-terms co-operative banks are sought to be merged by abolition of padbs. .....
Tag this Judgment!Court : Karnataka Dharwad
..... by a cooperative society (notwithstanding anything contrary contained in the industrial disputes act, 1947 (central act 14 of 1947)}; (e) a claim by a co-operative society for any deficiency caused in the assets of the cooperative society by a member, past member, deceased member or deceased officer, past agent or deceased agent or by any servant, past servant or deceased servant or by its (board), past or present whether such loss be admitted or not) (3) if any question arises whether a dispute preferred to the registrar under this section is a dispute touching the constitution, management or the business of a co-operative society the decision thereon of the registrar ..... bar of jurisdiction of courts: (1) save as provided in this act, no (civil, labour or revenue court or industrial tribunal) shall have any jurisdiction in respect of,- (a) the registration of a co-operative society or bye-laws or of an amendment of a bye-law; (b) the removal of a member or the removal and disqualification of a director or the removal of a board; (c) any surcharge application required under section 69 or any dispute required under section 70 to be referred to the registrar or the recovery of moneys under section 100 or the execution of any award or order referred to the registrar for execution under section 101. ..... ), bijapur, decreeing the petition for recovery of money and etc.) 1. ..... , filed a suit for recovery of a sum of rs.10,110/- along with interest at the rate of 18% p.a. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1266; JT2003(2)SC335; 2003(2)SCALE288; (2003)9SCC358; [2003]2SCR139; 2003(1)UJ654(SC)
..... his lordship noticed that there were two sets of allottees before the court:(i) consumer cooperative societies running fair price ration shops in the allotted premises,and(ii) individuals who are allotted residential premises.as to category (i) his lordship opined that the consumer cooperative societies were running ration shops and shall have to be wound up. ..... stood vacated by dismissal of the writ petitions, this court allowed time until 30-11-1994 for vacating the premises by the occupants and for restoring of possession of the premises by the state government to the owners.rent control legislations leading upto the impugned amendment :- now the relevant rent control legislations in their chronological order leading upto the enactment of the impugned amendment act held ultra vires by the impugned judgment of the high court, may be noticed.the bombay land requisition act, 1948 as originally enacted was ..... this section shall affect:-(a) the rights of the landlord including his right to recover possession of the premises from suchtenant on any of the grounds mentioned insection 13 or in any other section;(b) the right of the landlord or such tenant to apply to the court for the fixation of standard rent and permitted increases under this act, byreason only of the fact that the amount of the rent and permitted increases, if any, to be paid by such tenant to the landlord is determinedunder sub-section (1);(c) the operation and the application of the other relevant provisions of this .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2119
..... ),(d) recovery from pay or security deposit to compensate in whole or in part for any pecuniary loss caused to the co-operative society by the employee's conduct,(e) reduction in rank or grade held substantively by the employee, (f) removal from service, or (g) dismissal from service. ..... in this section, referred to as the committee) for the management of the affairs of the society until the reconstitution of the committee of management in accordance with the provisions of the act. ..... for ready reference, the entire sub-section (5) has to be quoted as under :'(a) where for any reason whatsoever the election of the elected members of the committee of management has not taken place or could not take place before the expiry of the term of elected members, the committee of management shall, notwithstanding anything to the contrary in this act or the rules, or the bye-laws of the society, cease to exist on the expiry of such term. ..... cooperative societies employees' service regulations, 1975 defines 'appointing authority' in regulation 2 (iii) which reads as under :'appointing authority means 'committee of management' or any other authority which is empowered under these regulations or the bye-laws of the society concerned to make appointment.'10. ..... cooperative federation ltd. .....
Tag this Judgment!