Maharashtra Co-operative Societies Act, 1960, Section 4, 6 -- Registration of society - Economic viability of society is a pre-requisite or basic condition for grant of registration to society as per Ss.4, 6 of the Act - There was absolutely no material on record before Committee to show that society was in a position to comply with pre-requisites as referred to in said..........
Maharashtra Co-operative Societies Act, 1961, Section 105 -- Auction sale - Setting aside - Appellant bank challenged auction sale on the ground that upset price was fixed on lower side - However, appellant was fairly and squarely aware of upset price much before the auction took place but appellant did not take recourse to legal remedies - It was thus, not open for..........
Co-operative society -- Once a person becomes a member of Co-operative society, he loses his individuality with society and he has no independent rights except those given to him by statue and by laws...........
Prevention of Corruption Act, 1988, Section 2(c)(ix) -- Public servant - Secretary of Co-operative Society - He is a `public servant' under the Act...........
Maharashtra Co-operative Societies Act, 1960, Section 167, Companies Act, 1956, Section 529A -- S.167 of Societies Act creates an express bar on applicability of Companies Act to Societies registered under Societies Act - Factory a co-operative society registered under 1961 Act - S.167 is applicable - Employees cannot make use of S.529A of Companies Act to claim priority..........
Indian Penal Code, 1860, Section 21, 353 -- Public servant - Secretary or such other employee of Co-operative Society does not fulfill definition of `public servant' as understood in S.21 IPC vis-a-vis application to S.353 IPC, which comes under Chapter XVI of IPC...........
Land Acquisition Act, 1894, Section 17(4) -- Acquisition of land - Land acquisition proceedings cannot be quashed for the mere fact that one of the appellants is Co-operative Society...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 419, 465, 467, 415, 417, 471, 477A, 470, 149 -- Bail - Offence u/ss 420, 406, 419, 465, 467, 415, 417, 471, 477-A, 470, 149 IPC - Allegation of financial irregularities against directors and officials of Co-operative society - However, general public or depositor or members of society..........
Punjab Co-operative Societies Act, 1961, Section 55, 56 -- Allotment of residential plots by Co-operative society to its members - Appellant one of founder members of society sought allotment of plot - Possession of plot measuring 250 sq. yards not handed over to appellant as projected before Supreme Court - Appellants cannot be deprived of a plot allowed to her merely on..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........
