Constitution of India, 1950, Article 226, 227, Punjab Co-operative Societies Act, 1961, Section 36, Punjab Co-operative Societies Rules, 1963 -- of Appendix - C - Illegal election programme - Election of Board of Directors of Central Cooperative Bank - Writ petition for quashing election programme and subsequent election process - Guidelines issued by Registrar for holding..........
Punjab Co-operative Societies Act, 1961, Section 26(D), 27 -- Statutory duty of Administrator to hold elections of Society before expiry of his term - Directions issued to Administrator appointed in Co-operative Societies to hold election during their tenure - Failure to do so will entail disciplinary action against them...........
Punjab Co-operative Societies Act, 1961, Section 13 -- Amalgamation - Co-operative Society can be amalgamated by a resolution passed by 2/3rd majority of the members present and voting at a general meeting - Out of 1000 members only two members (petitioners) objected to the amalgamation - Objections filed by them duly considered by competent authority - Objecting members..........
Punjab Co-operative Societies Act, 1961, Section 13(9) -- Bifurcation of Society - No notice issued to petitioner society, creditors and others, before passing order of Bifurcation - Approval of bifurcation of the society without issuing notice u/s 13(9) of the Act illegal - Order of Bifurcation set aside...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 21 -- Public servant - Class I Officer of State Govt. deputed to work as Managing Director of a Co-operative Society - At relevant time appellant not drawing salary from Govt. and was not in service of State Govt. - Appellant cannot be said to be a public servant - No sanction is required for..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for 'planned development of Delhi' - Land acquired to be allotted to a Co-operative House Building Society - Society was to be allotted some land and even if Appellant's land is allotted to this Society, after acquisition, it does not mean that the acquisition is for this Society - Provisions of Part VII of Land..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Cashier Co-operative Society embezzled Rs.18,294/- and convicted under section 409 IPC - Period of trial, appeal and revision stretched to 24 years - Sentence reduced from 3 years to already undergone (2 months) - Accused directed to deposit a sum of Rs.90,000/- over..........
Constitution of India, 1950, Article 12 -- MARKFED - Whether an instrumentality and agency of the State and falls within the ambit of the expression 'Other Authorities' appearing in Article 12 of the Constitution? Held - Yes - MARKFED is a co-operative society, registered under the provisions of Punjab Co-operative Societies Act - The State Government exercises deep and..........
Constitution of India, 1950, Article 12 -- Co-operative Society - Agency and Instrumentality of State - Falling within the expression 'Other Authorities' - Law discussed...........
Nazool Lands (Transfer) Rules, 1956, Rule 5, 6, 7, 9, 9A, 11 -- Nazool land - Transfer to Co-operative Societies - Amended provisions of 1956 Rules not applicable to the allotments, that were made prior to such amendments - Transferee society selling a part of the land, subject-matter of the allotment, under the Rules when allotment was made - The Government could not..........
