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Judgment Search Results Home > Cases Phrase: the chhattisgarh cooperative societies recovery of losses act 2007 Sorted by: old Court: chennai Page 1 of about 12 results (0.084 seconds)

Nov 24 2006 (HC)

The Periyar Nagar Christian Association (Regd) Rep. by Its President M ...

Court : Chennai

Reported in : (2007)1MLJ266

..... the accounts were filed by the appellant association to the registrar of cooperative societies under section 16 of the said act and rule 22 of the said act. ..... there were about 100 christian allottees, who approached the registrar of cooperative societies, madras for allotment of place through their agent viz. ..... by letter dated 5.3.1983, the registrar of cooperative societies (housing) confirmed the allotment of 7 grounds and 320 sq. ft. ..... the periyar nagar christian association was formed in the year 1983 by the above said beneficiaries of the house sites allotted by the periyar nagar government servant's cooperative house site distribution society limited for the purpose of taking possession of the land and for construction of the church on it. ..... the periyar nagar christian members who are the beneficiaries of the house sites allotted by the periyar nagar government servant's cooperative house site distribution society limited applied to the society on 15.12.1981 and on 1.12.1982 for allotment of land for the construction of the church. ..... the president of the appellant association frank moses wrote a letter on 21.6.1983 to the periyar nagar government servant's cooperative house site distribution society limited to hand over the land allotted for the christian members of periyar nagar along with the documents to the 3rd respondent herein. .....

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Mar 31 2010 (HC)

Dr. K. Ponsingh Vs. Central Registrar of Cooperative Societies, Depart ...

Court : Chennai

..... of 2008 with regard to the recovery of subsistence allowance, giving liberty to the appellant to move the appropriate authority under section 84 of the multi state cooperative societies act, 2002. ..... such a situation, an order passed by a society in violation of the bye-laws can be corrected by way of writ petition;(ii) applying the tests in ajay hasia it is held that a cooperative society carrying on banking business cannot be termed as an instrumentality of the state within the meaning of article 12 of the constitution;(iii) even if a society cannot be characterised as a 'state' within the meaning of article 12 of the constitution, a writ would lie against it to enforce a statutory public duty cast upon the society. ..... (vi) the bye-laws made by a co-opertive society registered under the tamil nadu cooperative societies act, 1983 do not have the force of ..... case of suspension or deprivation of wages for a period of termination will not entitle the employee of a cooperative society to move the writ court and contend that the right of protection under article 21 has been violated. ..... the subsistence allowance was directed to be paid during the period of suspension with effect from 29.11.2007 ..... of 2007 on the same day ..... on 29-11-2007 from his office quarters, pursuant to a complaint given by his wife and he was remanded to judicial custody for the offences punishable under sections 498a, 406, 506(ii) ipc and under sections 4 and 6 of the dowry prohibition act in crime ..... reported in : 2007 5 ctc .....

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Sep 08 2010 (HC)

The Tamil Nadu State Apex Co-operative Bank Ltd., Rep. by Its Special ...

Court : Chennai

..... for this purpose, i am to state that the government by exercising their powers conferred under section 170(b) of the tamil nadu cooperative societies act, 1983 exempt the tamil nadu state apex cooperative bank from the provision of section 72 of the said act so as to enable the tamil nadu state apex cooperative bank to draw and utilize the above amount for this purpose. ..... the contents of the said letter dated 08.03.2007 are extracted hereunder:"i am directed to invite attention to the references cited and to state that the government have decided to honour the court directions for payment of 15% interim pension to those retirees of the tamil nadu state apex cooperative bank who have gone to the court and obtained orders to this effect from the court. ..... hence, there was no consensus.39.in the meantime, the government issued a letter dated 08.03.2007 to the appellant - bank permitting them to pay pension at the rate of 15% from the amount of rs.10 crores, allocated for pension corpus fund, from and out of the profits earned by the appellant - bank during the year 1995-1996. ..... hence, we do not find any infirmity in the order of the learned judge.46.in view of the aforesaid facts, the appellant - bank could not say that the matter involves disputed questions of fact, particularly, when the learned judge fixed pension at the rate of 20% only, even when the appellant - bank was of the view that payment of pension at the rate of 25% is possible, as stated in their letter dated 12.07.2007. .....

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Apr 17 2012 (HC)

M.K.StalIn Vs. the Secretary of Municipal Administration and Water Sup ...

Court : Chennai

..... , was the owner of the land and that the members of the impleading petitioner-society were only allottees of the plots by the cooperative society. ..... form an opinion;(ii) as per that opinion, the resolution of the council was not legally passed;(iii) alternatively, the resolution, in the opinion of the government, was in excess of the powers conferred by or in contravention of the provisions of the act, rule, notification or regulations;(iv) alternatively, the resolution, in the opinion of the government, adversely affects the financial stability or credit of the corporation or the efficiency of the administration as a whole;(v) or such resolution is in contravention of any direction issued by the state government;(vi) or the execution of such resolution is likely to cause danger to human life, health, safety or is likely to lead to a riot or an affray ..... subbathal {2007 (3) lw 259}, a division bench of this court held that an area reserved for public purpose in an approved layout, should be maintained as such. .....

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Apr 25 2012 (HC)

P.Maniarasan Vs. the Presiding Officer and ors.

Court : Chennai

..... is contended that the proceedings initiated against the petitioner on the basis of sections 23(1) and 23(3)(v) of the standing orders are well within the competence of the fci, as the petitioner proved to have committed misconduct on the allegation of misappropriation of the funds of the fci employees cooperative thrift and credit society and on the basis of the orders passed in the surcharge proceedings under section 87 of the tamil nadu cooperative societies act, 1983. ..... before proceeding to consider the above said crux of the issue involved in this matter, it is relevant to refer the provisions of sections 23(1) and 23(3)(v) of the standing order for workmen employed at madras harbour of fci which reads hereunder:disciplinary action 23(1).a listed worker may be suspended as a measure of punishment for a period not exceeding seven days at a time, or removed from the list without notice with consequent loss of right to be employed, in the event of his being found guilty of a ..... the petitioner denied the allegations made against him and further stated that he has filed an appeal against the order of surcharge proceedings for the recovery of the amount before the co- ..... is to be noted that during the pendency of this writ petition, the criminal case initiated against the petitioner on the same, similar and identical charges ultimately ended in acquittal as per the judgment of the learned 16th metropolitan magistrate, george town, chennai dated 29.06.2007 in c.c.no.5691/1987.26. .....

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Oct 19 2012 (HC)

K. Poomalai and Others Vs. the Director of Sugar, Chennai and Others

Court : Chennai

..... molasses control order, 1958; secondly, if at all, the writ petitioner has any grievance, she should have resorted to the alternative remedy available to her under the cooperative societies act and shall not abuse the writ jurisdiction of this curt; thirdly, it is well settled that adequacy of consideration can never form the subject matter of adjudication in a court of law unless and until the price consideration is illusory and unreasonable; by any stretch of imagination, the highest price of rs.1,410/- per mt of molasses offered ..... likewise, as per the comparative statement for the year 2007-2008 furnished by suraj in the typed set of papers, the export price ranged from rs.334/- per mt to rs.720/- per mt for the sale of 1,05,000 mts of molasses from cooperative and public sector sugar mills and 70,000 mts of molasses were sold for the price ranging from rs.420/- per mt to rs.800 ..... without prejudice to any other provisions contained in this act, any person may make an application to the commission for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of any contravention of the provisions of chapter ii, having been committed by such ..... thus, a comparison of the rates during 2006-2007 and 2007-2008 on the one hand and the rates in 2011-2012 on the other hand, makes it crystal clear that the respondent authorities have acted recklessly and the molasses was sold at rs.1,410/- per mt at a .....

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Jan 29 2013 (HC)

M.Arumugam Vs. State of Tamil Nadu

Court : Chennai

..... came up before this court for consideration in k.shantharaj case this court held that from the language of section 30 [which is similar to section 32(4) of the act] and section 30-a of the karnataka cooperative societies act, 1959, it would be clear that the administrator, subject to control of registrar exercise all or any of the functions of the society, and the special officer, subject to control of the state government and the registrar exercise and perform all the powers and functions of the committee of the society and in the interest of the society can take such action as is necessary for proper functioning ..... , who alone are competent to admit new members, he pointed out that the board consists of members elected only from the general body; therefore, the board members are the members in the general body; in the circumstances, the question of attributing any better wisdom or an expertise or qualifications to the board governing body alone over the general body, does not arise; the board is only the reflection of the general body; consequently, there is no illegality or arbitrariness or violation in the constitutional provisions in enacting an amendment to section 21(2) of the tamil nadu cooperative societies act. ..... emphasizing the absolute need for holding election for constituting the board for the purpose of admitting new members derives support from the decision reported in (2007) 2 mlj 12.at paragraph 156 (all india anna dravida munnetra kazhagam, chennai vs. .....

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Jun 25 2013 (HC)

Saravanan Vs. Secretary to Government

Court : Chennai

..... writ petitions have been filed to declare section 34 (i) of the tamil nadu co-operative societies act, 1983 (the act) as being null and void as far as visually impaired persons are concerned and for a consequential relief to declare the election of the petitioner as valid, if he is elected in the election for the board of directors of the fifth respondent cooperative society held on 12.04.2013.2. ..... after part ixa of the constitution part ixb dealing with cooperative societies was inserted containing the following articles, namely articles 246zh, defining authorized persons, board, co-operative society, multi-state co-operative society, office bearer, registrar, state act and state level co-operative society; article 243zi dealing with incorporation of the co-operative societies; article 243zj, the number and terms of members of board and its office bearers; article 243zk, election of members of board; article 243zl super-session ..... apart from the above mentioned powers of the board of a society, there are also duties cast upon the board under the act and rules such as to maintain registers and accounts; to take prompt action for recovery of loans due by members; to consider loan applications and dispose of the same in accordance with bye-laws; prepare annual budget for the society and place the same before the general body; to place before the general meeting of the society the audit report, memorandum, ..... the state election commissioner [2007 ..... the state election commissioner [2007 .....

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Jun 27 2013 (HC)

A.Arunagiri Vs. Egmore Benefit Society Ltd.

Court : Chennai

..... that decision was challenged before the appellate court under the cooperative societies act. ..... the cooperative society raised a dispute in terms of the statutory provisions before the officer on special duty and obtained an injunction. ..... therefore, i would construe the expression "act of parties" appearing in the proviso to section 60 of the transfer of property act, 1882, to include the following acts on the part of the plaintiffs:- (i) filing an affidavit of undertaking on 30.1.1999 in the civil revision petition crp no.1999 of 1998 before this court, agreeing to pay the entire amount due under both mortgages on or before 30.4.1999 and also agreeing to allow the mortgagee to sell the property by public auction, in the event of a failure to pay the money and later going back on the affidavit of undertaking. ..... in that case, the property had been brought to sale by the mortgagee in exercise of the power under section 69, not only for the recovery of the debt due under the simple mortgage which conferred the power of sale, but also for recovery of a subsequent debt due under a second mortgage created only by deposit of title deeds. ..... the mortgagee exercising the power of sale has also power to vary any contract of sale, and to buy in at an auction, and to rescind any contract of sale, and to re-sell, without being answerable for any loss occasioned thereof;.... ..... taico bank (air 2007 sc 998). .....

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Nov 28 2013 (HC)

A-2459 the Coats Viyella Employees Vs. 1. Harvey Nagar Residents

Court : Chennai

..... mills were under the false impression that cooperative society was defunct. ..... page no.140, wherein in paragraph 28, it has observed as follows:- ".in view of the foregoing discussion, it is clear that the appellant- management has not obtained any prior approval which is mandatory under the act 1973 for dispensing with the services of the fourth respondent in the respective writ appeals, and so such orders of termination cannot stand in the eye of law and so the 1st respondent is correct in directing the appellant-management to permit the 4th respondent in the respective writ appeals to continue in service ..... the learned senior counsel for the hospital contends that the appellant/harvey nagar residents' welfare association when it disputed the title should have proved its title through a competent civil court and should have sought a relief of recovery of possession and added further, could not claim the relief for cancellation of patta, moreso, when suit in o.s.no.334 of 2009 is pending before ..... and otehrs {2007 (4) mlj at page 1006 and 1007}, it is held as follows:- ".the plots covered by the impugned notification and belonging to the owner was classified as reserved for public purposes by the lay out sanctioned by the town panchayat in ..... the simple reason that the first respondent/revenue divisional officer, under the impugned order dated 2/12/2012 cancelled the mutation of patta made in favour of the petitioner, as a result of which he is put to hardship/inconvenience and .....

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