Punjab Co-operative Societies Act, 1961, Section 55(3) -- Scope of - Finality of decision of Registrar whether a dispute is or is not a dispute touching constitution, management or business of Co-operative Society - Does not debar higher authorities from exercising appellate or revisional powers with regard to such a decision - Open to Appellate or Revisional Authority to..........
Punjab Co-operative Societies Act, 1961, Section 67A, 82 -- Recovery Certificate challenged in Civil Court - Condition precedent for issue of Certificate - Hearing to be afforded - Specific denial of service of any notice and assertion that entire proceedings behind the back - Circumstance that Certificate : (i) does not contain the fact that notice issued and served and..........
Punjab Co-operative Societies Act, 1961, Section 79 -- Service of notice - Specific plea that notice of three months stating cause of action served on Registrar - Not denied in written statement - Assumed to have been admitted - Certificate of Posting (under which notice issued) produced - Presumption of issue of notice to be raised - For the otherside to rebut the same -..........
Punjab Co-operative Societies Act, 1961, Section 82 -- Procedure prescribed by statute if not followed and against fundamental principles of judicial procedure - Suit in Civil Court - Competent...........
Punjab Co-operative Societies Act, 1961, Section 55, 56, 82(1)(c), 82(3), Arbitration Act, 1940, Section 33, 46 -- Applicability of Section 33 Arbitration Act to statutory Award under Section 56 - Excluded - Triple bar imposed by Legislature in excluding jurisdiction of Civil Court regarding arbitration under Section 56 and Award rendered therein - Inevitably ousts..........
Punjab Co-operative Societies Rules, 1963, Rule 25(a) -- Scope of - Disqualification limited to election of Managing Committee of Primary Societies and not to election of representatives of such Societies to Managing Committee (Directorship) of Apex body - Removal of Director of Bank (Apex Society) for having made de layed payments due from him to Primary Societies - Ultra..........
Punjab Co-operative Societies Rules, 1963, Rule 25(a), 25(f) -- Text and tenor of two sub-rules similar - Lapse resulting in disqualification under both directly linked with Primary Societies - Like Rule 25(f) scope of Rule 25(a) also limited to election of Managing Committee of Primary Societies and not to election of representatives of such Societies to Managing..........
Punjab Co-operative Societies Act, 1961, Section 79 -- Scope of - Giving of statutory notice - Condition precedent to institution of suit - Disputes which may be referred to arbitration under Section 55 - Out of ambit of Section 79 - Section 79 provides a mode, that service of notice to be made by delivering it to Registrar - Whenever a suit instituted in respect of any..........
Punjab Co-operative Societies Act, 1961, Section 27(6) -- Directory in nature - Not mandatory - Mere no, compliance of Section 27(6) would not ipso facto vitiate action under Section 27(1) - Section 27(6) procedural, subsidiary and ancillary to Section 27(1) - Intended to safeguard interest of financing bank in its debtor society - Does not empower bank to sit in judgment..........
Punjab Co-operative Societies Act, 1961, Section 27(1) -- Power of removal (of Managing Committee or any member) vested in Registrar - Must be based on any one of the four conditions : (i) Persistent defaults in performance of statutory duties under Act and Rules; (ii) Persistent negligence in such performance; (iii) Commission of any act which is pre-judicial to interest..........
