Punjab Co-operative Societies Rules, 1963, Rule 26 -- Does not run counter to provisions of Section 20(d) of Haryana Co-operative Societies Act - They provide for two different situations - No Hiatus between two provisions...........
Punjab Co-operative Societies Act, 1961, Section 3(3) -- Notifications dated March 3, 1978 and August 30, 1985 - All powers of Registrar including powers of ordering cessation under Rule 26 conferred among others on Deputy Registrars - Punjab Co-operative Societies Rules, Rule 26...........
Punjab Co-operative Societies Act, 1961, Section 69 -- Reclassification of Co-operative Society - Decision to change classification of Society - Quasi-judicial in nature - Incumbent on Authority reclassifying Society to issue a notice calling upon Society to show cause as to why its classification be not changed - No opportunity afforded to Society before ordering..........
Natural Justice -- Opportunity of hearing given by Revisional Authority instead of Original Authority - Subsequent hearing cannot validate order of Original Authority - Hearing given by Appellate Authority or Revisional Authority not a good enough compliance of principles of natural justice - Can be no substitute for hearing required to be given by Original Authority..........
Punjab Co-operative Societies Act, 1961, Section 69 -- Dismissal of petition in default - On due of hearing neither petitioner nor counsel present - Case not taken up for hearing as Presiding Officer otherwise busy - Neither petitioner nor counsel aware of next date of hearing - Petition cannot be dismissed for default on adjourned date of hearing without prior intimation..........
Punjab Co-operative Societies Act, 1961, Section 69 -- Case fixed at Chandigarh - Two days' date given for appearance at Jullundur Not sufficient time afforded to make arrangements for appearance at Jullundur - Violation of principles of natural justice - Dismissal of petition on merits in absence of petitioner - Quashed - Natural justice...........
Punjab Co-operative Societies Act, 1961, Section 69 -- Recall or setting aside of ex parte order - Even a successor Officer has power to recall or set aside ex parte order of his predecessor...........
Punjab Co-operative Societies Act, 1961, Section 67 -- State Government can recover as arrears of land revenue, only those amounts from a member Co-operative Society regarding which a certificate issued by Registrar Co-operative Societies - Collector held Cooperative Society liable to pay specified amount on account of stamp duty, penalty and registration charges -..........
Punjab Co-operative Societies Act, 1961, Section 59, 58 -- Co-operative Society ordered to be wound up and Liquidator appointed - Bye-law of Co-operative Society makes a member liable to discharge liability of Co-operative Society to the extent of five times of capital - Contribution made by him - Only Liquidation can determine contribution towards discharging of liability..........
Punjab Co-operative Societies Act, 1961, Section 63, 56 -- Execution in Civil Court of Award obtained by Central Co-operative Bank against Cooperative Society - Request made in execution proceedings that decretal amount be recovered by sale of property belonging to persons named - Objection accepted that decretal amount could not be recovered from property of named persons..........
