Judgment Search Results Home > Cases Phrase: the delhi cooperative societies act 2003 Sorted by: old Court: madhya pradesh Page 1 of about 437 results (0.140 seconds)

Jila Sahkari Kendriya Bank Maryadit Vs. the State of Madhya Pradesh

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. .....

F.C.Chandrol Vs. M.P.State Cooperative

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. .....

Ramnath Sharma Vs. State of M.B. and ors.

Court : Madhya Pradesh

Reported in : AIR1959MP218; (1959)ILLJ618MP

..... in this case, arguments have been directed against the measures taken by the registrar of cooperative societies under two sub-rules of rule 52. ..... the first question in all such cases is, whether, generally speaking, it would be proper for a high court to issue a writ or direction on a company or a cooperative society, for 'any purpose other than the enforcement of fundamental rights. ..... 1997 framed under section 78 of the gwalior co-operative societies act, 1997, continuing at the time to be in force, as being deemed to have been made under the corresponding section 82 of the madhya bharat co-operative societies act, 1.955, 2. ..... i find nothing in the orders passed by the registrar under both the sub-rules, they could not be made under rule 52 of the gwalior co-operative rules or repugnant to any section of the madhya bharat co-operative societies act, 1955, as for that matter. 14. ..... this is a statutory rule originally made under section 78 of the gwalior co-operative societies act; that act has been repealed by the m. b. ..... the joint stock companies are a genus by themselves; other genera are the societies registered under the societies registration act, and cooperative bodies constituted and working under different state enactments. ..... often does the state government exercise considerable control over it that is much more than that over joint stock companies, and on the societies registered under societies registration act. .....

Gokul Prasad Moujilal Bharat Vs. Laxmansingh Mahasingh and ors.

Court : Madhya Pradesh

Reported in : AIR1962MP265

..... in deciding as to what the business of a cooperative society is, one must have regard to the general scope of the act, the rules under the act and the bye-laws of the society. ..... the act, the rules and the bye-laws before us themselves recognise the distinction between business of a society and its 'management and administration by using the expressions 'the affairs of the society' and ''business of the society' and when the bye-laws refer to the business of the bank as that included in the objects of the bank, mentioned in bye-law 2, it is difficult to ignore the difference between 'business' and 'management of the business' and hold that whatever is necessary or required to be done for bringing into existence a society and for its proper functioning is included in the 'business of the society'.the ..... it says-''should any doubt arise as to the construction or meaning of the provisions of the co-operative societies act or any bye-law of the bank or as to validity or effect of the proceedings of a meeting of the board or of the general body, the board shall report the same to the registrar for decision and act according to his ad-vice which shall be final'.6. .....

Chandmal Ratichand Jhabua Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1967MP52

..... the governor has taken the view that non-profit making organisations like cooperative societies on the one hand and on the other profit-making bodies like regular banks which are, however, working under the supervision of bigger banks and ultimately of the reserve bank and are further controlled by statute are not exposed to the same temptations as individual private money-lenders to take advantage of the ignorance and recklessness of the tribal people. ..... this came in for criticism in certain respects from the rajasthan high court and more elaborately from the supreme court:--'the fact that the debts are owed to a government or local authority or other bodies mentioned in the impugned part of section 2(e) has no rational relationship with the object sought to be achieved by the act, namely to reduce the debts secured on jagir lands which had been resumed under the provisions of the rajasthan land reforms and resumption of jagirs act. ..... ' accordingly, while approving of the act generally as being in the interest of general public, the supreme court all the same in part agreement with the high court ruled out the exemption of certain debts. ..... even supposing that the worst fears of the petitioner materialise & this class of money-lenders is in effect prohibited altogether from carrying on the business still we are act prepared to hold that there is any contravention either of paragraph 5 of the fifth schedule or of article 14 of the constitution. .....

Kamta Prasad Vs. Registrar, Co-operative Societies and anr.

Court : Madhya Pradesh

Reported in : AIR1967MP211

..... by this application under articles 226 and 227 of the constitution the petitioner kamta prasacl seeks a writ of certiorari for quashing an order passed by the registrar, co-operative societies, on 31st may 1966 expelling him from 14 co-operative societies registered under the madhya pradesh cooperative societies act, 1960. ..... it may be that some persons brought the judgment of the allahabad high court to the notice of the minister concerned and the registrar and pointed out to them the undesir-dbility of the petitioner being allowed to continue as a member of the various co-operative societies; but from that it does not follow that the registrar was prompted by any bad faith in expelling the applicant from the various cooperative societies.on the other hand, the impugned order of the registrar clearly shows that he acted bona fide. ..... in the present case as has been stated by the registrar in the impugned order, it became necessary for him to initiate action against the applicant under rule 18 (2) inasmuch as the petitioner himself was not willing to resign voluntarily from the co-operative societies of which he was a member alter the pronouncement of the judgment of the allahabad high court in the contempt case in which the applicant was found guilty and as the cooperative societies of which the petitioner was a member were also not willing to expel him in the exercise of their powers under rule 18 (1). .....

Tikamchand Sualalji Agrawal Vs. the Joint Registrar Co-operative Socie ...

Court : Madhya Pradesh

Reported in : AIR1971MP86; 1971MPLJ110

..... of opinion that the argument that section 67(2) of the cooperative societies act is repugnant to section 30 of the advocates act, which is still not in force, is not open to the petitioner. 6. ..... with these general observations, let us turn to section 67 (2) of the cooperative societies act. ..... this is a petition under article 226 of the constitution for quashing the order passed by the deputy registrar, co-operative societies, indore on march 20, 1968 and the order passed in revision by the joint registrar, cooperative societies, bhopal on august 1, 1968. 2. ..... the argument is that the restriction contained in section 67 of the co-operative societies act that a party can only be represented by a legal practitioner when permission to that effect is granted by the registrar conflicts with the right conferred upon an advocate under section 30 of the advocates act giving rise to inconsistency or repugnancy between the two provisions. 5 ..... counsel for the petitioner first contends that section 67 (2) of the madhya pradesh co-operative societies act, 1960 is repugnant to section 30 of the advocates act, 1961 and has, therefore, become void under article 254 of the constitution. ..... it is pointed out by the learned counsel that the registrar, his delegates and nominees in deciding a dispute under the provisions of the co-operative societies act have, by virtue of section 89, legal authority to take evidence and, therefore, they are persons before whom an advocate has a right to practise without any .....

Smt. Krishna Kumari and ors. Vs. the Board of Revenue, Madhya Pradesh, ...

Court : Madhya Pradesh

Reported in : AIR1971MP201; 1971MPLJ589

..... learned counsel appearing for the liquidator, however, strenuously contended that the amounts which were withdrawn from the bank after the date of the formation of the society but before the date when the bank was actually transferred to the society would be acts done in breach of trust, for, according to learned counsel, the proprietors of the bank must be deemed to have become trustees for the co-operative society as soon as the society was registered because the society was registered mainly for the purpose of taking over this bank. ..... section 63 (1) of the act is as follows:--'63 (1) where in the course of an audit under section 27 or an inquiry under section 52, or an inspection under section 53 or the winding up of a society it appears that any person who has taken part in the organisation or management of the society or any past or present chairman, secretary, member of the managing committee or officer of the society has misapplied or retained or become liable or accountable for any money or property of the society or has been guilty of misfeasance or breach of trust in relation to the society, the registrar may, on his own account or on the application of the officer conducting the audit or holding the inquiry ..... this is a petition by eight persons who were directors of the gwalior commercial cooperative bank, gwalior (hereinafter referred to as the co-operative society), which is now under liquidation. .....

Radheshyam Sharma Vs. Govt. of M.P. Through C.K. Jaiswal and ors.

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 .....

The Collective Farming Society Ltd. and ors. Vs. State of Madhya Prade ...

Court : Madhya Pradesh

Reported in : AIR1974MP59; 1974MPLJ1

..... it is remarkable that in the delhi act (section 67); gujarat act (section 161): maharashtra act (section 157); and rajasthan act (section 81), a proviso is added in these words: --'provided that no order to the prejudice of any society shall be passed without an opportunity being given to such society to represent its case. ..... supersession of committee -- (1) 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 interest of the society or its members; or (c) is otherwise not functioning properly;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. ..... -- a cooperative society is essentially a voluntary association. ..... (provided that in case of a cooperative bank, the order of supersession shall not be passed without previous consultation with the reserve bank). ..... -- cooperation implies an enterprise of those who are individually financially weak and cannot derive material advantage such as the rich can with all their resources and connections. .....