Court : Mumbai Aurangabad
..... as per the bye-laws, there were so many other similar directors like nominee of rural electrification corporation, a nominee of the state government, who shall not be below the rank of registrar of the cooperative societies etc. 6. ..... applicant had contended that the suit is barred by section 91 of the maharashtra co-operative societies act, 1960 (hereinafter referred to as 'the act' for short) and the dispute mentioned in the plaint is covered by section 91 of the act. ..... from this perspective it was held that it was not every dispute between the society and a member that would fall within the purview of the provisions of section 54 of the bombay co-operative societies act, 1925. ..... the learned senior counsel then took this court through the license given by the state government to the society under the indian electricity act, 1910. 5. ..... the trial court has held that the plaintiff is not member of society and the electricity was supplied to the society, which was consumer of the plaintiff and it is simple suit for recovery of money in respect of the said supply. 4. ..... in the second case cited supra when a suit was filed by the trust against the society in respect of some amount due and it was some loan given by the trust, this court held that this transaction was not touching the business of the society and so, the dispute does not fall under section 91 of the act. 7. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the conclusion that a claim based upon contracts between the employees of the cooperative society and the society or the claim for damages arising nut of the breach of such contracts can be a part of a dispute touching the "management" of the cooperative society within the meaning of section 91 of the cooperative societies act and such a claim would be entertained and decided by the machinery provided under the said act ..... the industrial disputes act, 1947, or rejection of nomination paper at the election to a committee of any society other than a notified society under section 73 1 c or a society specified by or under section 73 g, or refusal of admission to membership by a society to any person qualified therefore or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the registrar under sub section (1) or (2) of section 101 or sub section (1) of section 137 or the recovery proceeding of the registrar or any officer sub ordinate to hi m or an officer of society notified by the state government, who is empowered by the ..... demand be admitted or not; (ii) a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a society and recovered from the surety owing to the default of the principal borrower, whether such a sum or demand be admitted or not; (iii) a claim by a society for any loss caused to it by a member, past member or deceased member, by any officer, past officer or deceased officer .....
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