Court : Mumbai Aurangabad
..... registrar, cooperative societies dated 27.7.2004, 3) initial appointment is not according to the prescribed norms then the regularization in service is not permissible. ..... while implementing the scheme facilities were inspected to be proved to the special disabled student in cooperation with the special teacher and general, teacher. ..... however, we make it clear that, in case the petitioners wish to approach the school tribunal, in that case the school tribunal to consider their cases on merits, without being influenced by the observations made in this judgment, and not to reject it on the ground of limitation, since the petitioners were prosecuting the present writ petitions for considerable period. 33. ..... it is submitted that, after passing of the order dated 17th may, 2014, thereby withdrawing the approvals granted to the units run by the respondent no.5, the petitioners made various representations to the respondent nos.1 and 2 for declaring them surplus and absorbing them in any other granted school, but no attention was given by the respondent nos.1 and 2 towards the representations made by the petitioners. 5. ..... b) persons who completes educational course conducted by rehabilitation council of india according to rehabilitation council act, 1995, his registration is compulsory and without verifying such r.c.i registration appointment of special teacher were made and approvals are granted to them. ..... delhi development authority and ors. ..... state of rajasthan dated 28.2.2003, j. .....
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..... 1,50,000/ from respondent no.1 on 3.12.2003, but since the petitioner herein did not repay the said loan amount and interest thereon regularly and committed default, respondent no.1 herein filed an application on 28.9.2007 and prayed for issuance of recovery certificate under section 101 of the maharashtra cooperative societies act, 1960 under case no. ..... with the consent of learned counsel for the parties, the petition is taken up for final hearing.3 by the present petition, filed by the petitioner under articles 226 and 227 of the constitution of india, the petitioner prayed that the impugned order dated 16.9.2009, passed by the divisional joint registrar, cooperative societies, nasik division, nasik be quashed and set aside, and also prayed that the application dated 3.2.2009 preferred by the petitioner for condonation of delay, be allowed.factual matrix :4 the petitioner herein had taken loan of rs. ..... herein.9 learned counsel for the petitioner further canvassed that respondent no.4 failed to give proper and cogent reasons for rejecting the application for condonation of delay and the impugned order has been passed by him without evaluating the factual aspects and legal position.10 learned counsel for the petitioner also submitted that the petitioner had pleaded and proved the "sufficient cause" for condonation of delay under section 5 of the limitation act, but same was not considered .....
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..... the petitioner alleges that as board of directors of that time, failed to hold the election within the prescribed time, respondent no.5 assistant registrar, cooperative societies, gangakhed, tqgangakhed, distparbhani, vide his order dated 20th december, 2003 in exercise of powers under section 77 (a)(1) of the maharashtra cooperative societies act, 1960 (for short "the act of 1960") dissolved the board of directors and appointed mrs. s.l. ..... from the record placed before us, we find that the communication was made by the district deputy registrar, cooperative societies, parbhani dated 13th february, 2009 directing the assistant registrar, cooperative societies and the manager of respondent no.6 sangh quoting the order of interim relief and informing the sangh that the said property shall not be sold in any manner in the light of the order passed by the high court and report to be filed accordingly. ..... it is contended that respondent no.2 deputy secretary, cooperative and textile department, vide letter dated 3rd january 2004, directed the respondent no.4 the district deputy registrar, cooperative societies, parbhani to appoint five persons as administrative board of directors on respondent no.6 sangh. ..... (d) the district deputy registrar, cooperative societies and the respondent no.6 sangh are directed to take over possession of the allotted shops, with prior intimation in writing to the allottees. .....
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..... 21] i have heard the counsel for the parties at length and with their able assistance, perused the grounds taken in the petitions, annexures thereto, the relevant provisions of the by-laws and also the maharashtra cooperative societies act and the rules there-under as well as the judgments cited across bar by the counsel for the parties. ..... therefore, it follows from the authoritative pronouncement of the supreme court that by giving go bye to the by-laws no membership can be conferred upon by the appellate authority, the provisions of section 24 of the gujarat cooperative societies act, 1961 are pari materia to those of section 23 (1) of the maharashtra cooperative societies act, 1960. ..... 3] it is the case of the petitioner in both the petitions that the petitioner is a registered and deemed to be registered cooperative society under section 9 of the maharashtra cooperative societies act, 1960 (herein after referred to as, 'the said act'). ..... (vii) the appellate authority should strictly adhere to the provisions of the maharashtra cooperative societies act, 1960, the rules there-under and the by-laws and the judgments, if any, cited by the parties and then decide the appeal afresh. ..... the counsel appearing for respondent no.1 invited my attention to the judgment of the supreme court in the case of surya dev rai vs ram chander rai, reported in air 2003 sc 3044. .....
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..... this letters patent appeal is preferred by the appellants (original respondent nos.4 and 5 in writ petition no.2957 of 2009), challenging the order dated 8.9.2009 passed by the learned single judge of this court in the said writ petition, granting rule and stay to execution, implementation and operation of the recovery certificate dated 21.2.2009 issued by the assistant registrar, co-operative societies under section 101 of the maharashtra cooperative societies act, 1960 ("for brevity, hereinafter referred as the "cooperative act"), under clause xv of the letters patent.03. ..... judge, while dealing with writ petition no.4909 of 2009 and passing the order dated 28.7.2009 therein, which is at exh.a (page 47) of the present appeal, has relied upon above referred judgment of the hon'ble supreme court in the case of arun khanjire (supra), and held that alternate remedy under section 154 of the maharashtra cooperative societies act, was available to the petitioner therein and hence, came to the conclusion that the said writ petition (wp 4905 of 2009) was not maintainable and .....
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..... 8 of the civil procedure code and in absence of any resolution by all members authorising 5 panchas to institute such suit before going to the factual matrix and issues raised in the present civil revision application, at this juncture, it would be appropriate to reproduce hereinbelow the provisions of sections 6 and 36 of the maharashtra cooperative societies act, section 34 of the companies act and order xxx of the civil procedure code, which would provide illustrative instances of the provisions of law under which the status of the legal entity is conferred respectively on the cooperative society, registered company and the ..... jain society, protection of orphans india and others (2003) 8 supreme court cases 413), held that, a society registered under the societies registration act is not a body corporate as it is the case in respect of a company registered under the companies act. ..... collector and others (2003) 3 supreme court cases 472, the hon'ble supreme court, in para 12, held :- "12. ..... relying on the decision in the case of dwarkaprasad v/s niranjan & another [2003(5) bom.c.r. ..... v/s collector and others, reported in 2003(3) scc 472. ..... doshi v/s shantaben dhirajlal shah and another, reported in 2003(2) bom.c.r. .....
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..... 240), in support of his contention that there are audits of the accounts and also enquiry contemplated under the provisions of the maharashtra cooperative societies act and said act is self contained code made for dealing with specific offence, the complaint filed by the complainant was not maintainable. ..... it appears that the members of the trust trusted the applicants and the land was purchased in their name, and they were entrusted with the said property for taking proper care so as to use it for the benefit of the members of the trust and also the members of the rural reconstruction society and also for the benefit of the members of banjara community. ..... in this respect, it is a well recognised principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary, as has been held by the delhi high court in the case of rajiv gandhi ekta samiti (cited supra). ..... he is the state president of human right commission helpline, new delhi, which is registered society working for protection of human rights. ..... he further submits that delhi high court has taken a view in the case of rajiv gandhi ekta samiti vs. .....
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..... petitioner no.1 is a bank registered under the maharashtra cooperative societies act, 1960 (hereinafter referred to as the "act of 1960"). ..... 1 is a bank registered under the maharashtra cooperative societies act 1960 (hereinafter referred to as the "act of 1960"). ..... since respondent no.1 could not repay the loan taken, the petitioner bank approached the deputy registrar, cooperative societies, aurangabad for seeking issuance of a recovery certificate under section 101 of the act of 1960. ..... the bank was, therefore, constrained to approach the deputy registrar of cooperative societies, aurangabad seeking issuance of a recovery certificate under section 101 of the act of 1960. ..... 2 special recovery officer forwarded the proposal to the district deputy registrar, cooperative societies, pune (ddr) for seeking sanction to the sale. ..... the circular, referred to above, issued by the registrar cooperative societies on 19th january, 2005 has no basis in law, it has no legal sanctity in law. ..... 3 is the divisional joint registrar of cooperative societies, aurangabad division, aurangabad which has passed the impugned order. ..... 13 of 2012 by the divisional joint registrar, cooperative societies, aurangabad division, aurangabad. ..... 4 is the assistant registrar of cooperative societies, aurangabad. ..... 3 is the divisional joint registrar, cooperative societies, aurangabad division. ..... 8 of 2011, before respondent 3 divisional joint registrar of cooperative societies aurangabad. .....
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..... membership was cancelled by the said society under section 35 of the maharashtra cooperative societies act, 1960 {"act of 1960". ..... assistant registrar, cooperative societies (air 1994 bombay 239), this court, while deciding the said case concluded in paragraph 3 that the language of rule 29 is very clear that where the society proposes to expel a member from the membership, not only that the member shall be individually served with the notice, which will contain an agenda of the said proposed general body meeting but the said meeting has to be held not earlier than a period of one month from the date of such ..... was also concluded in the said judgment that, as there was no compliance of section 25 of the act read with rules 28 and 29 of the maharashtra cooperative societies rules, 1961 which are mandatory, the entire order is vitiated. ..... to 16 are the members of the respondent no.5 cooperative society who have voted against the petitioner, resulting in the expulsion of the petitioner from the cooperative society. 5. ..... it was pointed out by the petitioner that rule 28 and 29 of the maharashtra cooperative societies rules 1961 ("rules of 1961") have ..... gurudev nityanand cooperative housing society [1998 (3) mh.l.j.127] has concluded that the notice of meeting contemplated by rule 29 in the matter of expulsion of member referable to section 25 of the act of 1960 has to be served on the member against whom resolution is proposed to be passed, at least one month prior to the date of the meeting. .....
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..... supra) came to 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. ..... this court has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34. ..... was concluded that the entire service condition of the employees under the uttar pradesh cooperative societies act were covered by the statutory rules and hence the employees with regard to their grievances in connection with their service conditions would not be covered by the industrial disputes act and were entitled to raise a dispute under the cooperative societies act. 32. ..... all these cases, it was held that an industrial tribunal acted illegally in prescribing leave in excess of the number of days laid down by the delhi shops and establishments act, 1954. in s. ..... new delhi v ..... new delhi v .....
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