Court : Madhya Pradesh
..... was not tenable, shri dixit, argued that even though in the cause title of the application filed before the joint registrar the claim was shown to be under section 64 of the m.p.co-operative societies act, but in the application annexure p-4, an endorsement was made by the joint registrar at the time of the acceptance of the petition to be treated it as a dispute under section 53(2) of the m.p.cooperative societies act, accordingly shri d.k.dixit, argued that the dispute was under section 53(2) of the m.p.co-operative societies act, and therefore, the tribunal committed an error in saying that the dispute was not maintainable under section 64. ..... even though various contentions were raised and it was pointed out that the proceedings under section 64 was not maintainable and even the tribunal had taken note of these facts but the fact remains that the joint registrar cooperative societies before whom the dispute was initially raised vide annexure p-4 on 20-01-2003, in the left side has made a note that the dispute is filed under section 53(2) of m.p. ..... according to the petitioner, he submitted a representations on 02-08-1996 and 01-09-1998 and thereafter kept quite till 20-01-2003 i.e. .....
Tag this Judgment!Court : Madhya Pradesh
..... since the respondents failed to pay the aforesaid amount, the petitioner filed dispute no.7/99 under section 64 of the madhya pradesh cooperative societies act (in short, the act . ..... ) before the assistant registrar, cooperative societies, balaghat, for recovery of rs.6,01,779/- as on 31.3.1999. ..... this petition, under article 227 of the constitution, is directed against the order dated 5.5.2008 passed by the madhya pradesh state cooperative tribunal, bhopal (in short, the tribunal . ..... aggrieved, the respondents preferred appeal no.78-32/2001 before the joint registrar, cooperative societies, jabalpur, who vide order dated 27.3.2003 remanded the case to the deputy registrar with certain directions. ..... since during the pendency of aforesaid appeal, the petitioner initiated recovery proceedings against the respondents, they filed writ petition no.1627/2005 before the high court which was disposed of vide order dated 1.4.2005 with a direction that if they deposit the dues, as per adjudication by the statutory authority, the matter would be deemed closed. ..... paliwal, learned counsel for the respondent no.1, district co-operative central bank ltd.in the cours.of hearing it is agreed that the petitioner shall appear before the appellate authority where the appeal is filed and the same is pending. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ685
..... nomination of any official or non-official on the board of directors of a multi-state cooperative society, is at the will of the government. ..... 'my attention has been further drawn to following passage of the said decision which reads as under :-'the view expressed by the majority of the bar council of india that a rule cannot be made under section 15 of the advocates act for the removal of the chairman of the state bar council leads to the result that once elected such chairman is irremovable. ..... as stated earlier, shri mathur very fairly states that although no specific provision has been made in the act, for removal of the chairman of the committee, but he submits that power to elect shall include power to remove and that is possible only by way of passing no confidence motion. ..... it is the case of the petitioner that he being councillor elected to the committee of the corporation as also its chairman and the term of the committee being fixed and there being no provision in the scheme of the act for passing of a no confidence motion against chairman of the committee, the impugned action is clearly illegal and completely without jurisdiction. ..... bar council of india (supra) found that power of recall is permissible under common law and in ghanshyam singh's case (supra) the delhi high court took the aid of provisions of general clauses act.8. .....
Tag this Judgment!Court : Madhya Pradesh
..... recovery officer & additional tahsildar, cooperative societies, bhopal, the then joint registrar, cooperative societies, bhopal and the then 2 m.cr.c no.7426/2011 deputy registrar, cooperative societies, bhopal. ..... madhya pradesh present : honourable shri justice ajit singh honourable shri justice sanjay yadav counsel for petitioner shri shamim ahmed khan, advocate counsel for respondent shri pankaj dubey, advocate o r d e r (29/11/2012) the following order of the court was delivered by sanjay yadav, j : quashment of first information report leading to registration of crime no. ..... laikfnr djk;k a la;qdr iath;d lgdkjh 3 m.cr.c no.7426/2011 lalfkk,a hkksiky ds mdr fu.kz; ls o;ffkr gksdj hkwfe lokeh }kjk ekuuh; dks&vkijsfvo fv feuy hkksiky esa vihy dh tks ,l0,0u0 85@2002 ij iatho) gksdj fnukad 24-2-07 dks fu.kz; ikfjr fd;k fd the order passed by the courts below are set-aside. ..... the f.i.r in turn relates to registration of offence punishable under sections 420, 120 b, indian penal code and sections 13 (1) (d) and 13 (2) of the prevention of corruption act, 1988 against the petitioner and four other persons ..... economic offence wing bureau, bhopal dated 24.7.2009 is being sought vide this petition under section 482 of the criminal procedure code, 1973. ..... the f.i.r is in the following term: esa fkkuk jkt; vkffkzd vijk/k vuos"k.k c;wjks e0iz0 hkksiky esa fufj{kd fkkuk izhkkjh ds in ij inlfk gww a c;wjks esa iathc++) f'kdk;r ekad 70@06 dk lr;kiu djus ij ik;k x;k fd csrok x`g fuekz.k lgdkjh lalfkk .....
Tag this Judgment!Court : Madhya Pradesh
..... / 2013 laxman singh versus state of madhya pradesh and others shri sanjeev kumar singh, learned panel lawyer, invites my attention to the provisions of section 48-a(5) of the mp cooperative societies act, 1960 (hereinafter referred to as act ).and submits that in view of the prohibition contained in the aforesaid clause and the fact that the petitioner has continued in office for a period of more than 11 years.not he cannot continue in the office. ..... it is argued by learned panel lawyer that no person is entitled to be elected to an office in the cooperative society for a continuous period of two consecutive sessions or for a period of 11 years.it is pointed out that petitioner has been elected on two consecutive sessions and has also completed 11 years and, therefore, under law he is prohibited from holding the office and it is because of this reason that the impugned order has been passed. ..... challenging the order-dated 10.4.2013 annexure p/1 passed by the deputy registrar, cooperative society, chhatarpur removing the petitioner from the office of president, seva sahkari samiti maryadit sunwahara, tehsil bijawar, district chhatarpur, petitioner has filed this writ petition. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP160; 1972MPLJ796
..... cooperative societies act. ..... in the return filed on behalf of the government the joint registrar cooperative societies and other authorities concerned it is averred that the order of supersession is perfectly valid and therefore, the petition is liable to be dismissed.4. ..... supersession of committee:-- (11 if, in the opinion of the registrar, the committee of any society--(a) persistently makes default or is negligent in the performance of the duties imposed on it by or under this act or bye-laws of the society or by any lawful order passed by the registrar or is unwilling to perform such duties; or(b) commits acts which are prejudicial to the interests of the society or its members: or(c) is otherwise not functioning property; the registrar may, by order in writing remove the committee and appoint a person or persons to manage the affairs of the society for a specified period not exceeding two years in the first instance:provided that in case .....
Tag this Judgment!Court : Madhya Pradesh
..... katare (pw-1) inspected the shop 'priyadarshini super market' which is a chain of priyadarshini cooperative society established under the provisions of cooperative societies act. ..... since the super market established under the cooperative societies act, it provides selling of commodities on reasonable rates to the customers ..... applicants have filed these petitions being aggrieved by the judgment dated 21/07/2010 passed by special judge (atrocity), bhopal in criminal appeal no.474/09 2 whereby applicants have been convicted u/s 7 (2) read with section 16 (1)(a)(1) of the prevention of food adulteration act, 1954 and sentenced for six months si and fine of rs.1000/- each with default stipulations ..... under such circumstances, i am also of the view that if the date of expiry was written on label, the meaning to be conveyed is, the customers must use it before the date of expiry and in this way, customers are not mislead or ..... of nct of delhi 4 wherein policy of respondent/food adulteration department was elaborately discussed in regard to rule 32 of pfa rules and it is considered that in case of such misbranding at the first instance, the party affected was to be given a written warning drawing its attention to rule 32 and thereafter, if the violation was repeated after a written warning, the party should be ..... the facts in short giving rise to these petition are that on 11/03/2003 food inspector ..... para 2 of his statement, packing date 12/02, batch no.3, expiry date 11/2003 were mentioned. .....
Tag this Judgment!Court : Madhya Pradesh
..... katare (pw-1) inspected the shop 'priyadarshini super market' which is a chain of priyadarshini cooperative society established under the provisions of cooperative societies act. ..... since the super market established under the cooperative societies act, it provides selling of commodities on reasonable rates to the customers ..... applicants have filed these petitions being aggrieved by the judgment dated 21/07/2010 passed by special judge (atrocity), bhopal in criminal appeal no.474/09 2 whereby applicants have been convicted u/s 7 (2) read with section 16 (1)(a)(1) of the prevention of food adulteration act, 1954 and sentenced for six months si and fine of rs.1000/- each with default stipulations ..... under such circumstances, i am also of the view that if the date of expiry was written on label, the meaning to be conveyed is, the customers must use it before the date of expiry and in this way, customers are not mislead or ..... of nct of delhi 4 wherein policy of respondent/food adulteration department was elaborately discussed in regard to rule 32 of pfa rules and it is considered that in case of such misbranding at the first instance, the party affected was to be given a written warning drawing its attention to rule 32 and thereafter, if the violation was repeated after a written warning, the party should be ..... the facts in short giving rise to these petition are that on 11/03/2003 food inspector ..... para 2 of his statement, packing date 12/02, batch no.3, expiry date 11/2003 were mentioned. .....
Tag this Judgment!Court : Madhya Pradesh
..... the learned counsel for the petitioner prays for and is permitted to withdraw this petition with liberty to take up proceedings before the competent authority under the provisions of the cooperative societies act or under the provisions of the food stuff distribution order before the competent authority ..... 17190/2012 (motilal chourasiya versus registrar cooperative societies and others.12.12.2012 heard shri a.k dwivedi, learned counsel for the petitioner on the question of admission. ..... in the circumstances, while the petition filed by the petitioner is permitted to be withdrawn, it is observed that in case the petitioner approaches the competent authority within three weeks along with a copy of the order passed today and a copy of the petition, the authority concerned shall look into the complaint of the petitioner, hear all concerned and thereafter decide the same expeditiously, in accordance with law, preferably within a period of three months ..... it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the complaint by passing a reasoned order. ..... he however, prays for a direction to the authorities to deal with the complaint of the petitioner expeditiously, in accordance with law, in case he ..... with the aforesaid liberty/observations the petition, filed by the petitioner stands disposed of as .....
Tag this Judgment!Court : Madhya Pradesh
..... it is made clear that in case the petitioner does approach the competent authority under the provisions of the m.p.cooperative societies act along with a copy of the order passed today and a copy of the petition within one month of obtaining the same, the concerned authority shall consider and decide the matter expeditiously in accordance with the procedure as prescribed by law and shall not dismiss the application/representation of the petitioner only on the ground of delay. ..... in the circumstances, the appropriate remedy of the petitioner is to approach the registrar, cooperative societies or his nominee under the provisions of section 55 of the m.p.cooperative societies act. ..... i.a.no.3979/2009 is accordingly allowed and the petition is disposed of with liberty to the petitioner to assail his removal before the competent authority under the provisions of the m.p.cooperative societies act. ..... as the petitioner has an alternative statutory efficacious remedy of approaching the competent authority under the m.p.cooperative societies act before whom the petitioner would be at liberty to take up all issues for mitigation of his grievance, therefore, i find no reason to entertain the present petition. ..... the petitioner has filed this petition being aggrieved by the fact that the petitioner has been removed from service by the g.c.f.industrial cooperative society, the respondent no.1, with whom the petitioner was working as a welder. .....
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