Punjab Co-operative Societies Act, 1961, Section 55, 56, Punjab Co-operative Societies Act, 1961, Section 50 - - Notice or notices prescribed by Rules not given - Renders appointment of Arbitrator a nullity-Award recorded by such Arbitrator - Invalid and suffers from lack of inherent jurisdiction - Can be challenged in execution proceedings - Punjab Co-operative Societies..........
Punjab Co-operative Societies Act, 1961, Rule 25(a) - - Rule 25(a) and Appendix 'C' Clause 1(e) - Disqualification incurred by default - Relevant only when poll is held - Of no consequence at earlier stage - Status of proposer as voter - To be determined without reference to disqualification of default - No requirement of law for proposer to be a person who is not in..........
Punjab Co-operative Societies Act, 1961 - - Appendix 'C' Clause 12 - Instructions issued by Registrar, Co-operative Societies, Punjab with his letter No. Credit/CA3/72303-58 dated 25th October, 1969 - Cannot be called 'Standing Instructions' applicable to all elections - Applicable to elections held in 1969 - Not applicable to subsequent elections.
The Instructions..........
Punjab Co-operative Societies Act, 1961, Section 68, 59(2)(b) -- Order passed by Liquidator of a Co-operative Society - Required to be approved by Registrar under Section 59(2)(b) - Deemed to be order of Registrar - Appeal lies to Government.
An order passed by a Liquidator of a Co-operative Society under clause (b) of sub-section (2) of Section 59 of the Punjab..........
Punjab Co-operative Societies Act, 1961, Rule 26 -- Enquiry whether a member has incurred any disqualification - Must be done by Registrar - Assistant Registrar not competent - Punjab Co-operative Societies Act (25 of 1961), Section 27...........
Punjab Co-operative Societies Act, 1961 - - Rule 26 - Removal of member of Managing Committee because ceasing to be member on account of default committed by him - Power does not vest in Managing Committee of Cooperative Society - Registrar or Authorised Registrar must determine whether he is a defaulter or not. (1972 P. L. J. 363 Followed)..........
Punjab Co-operative Societies Act, 1961, Section 67A -- Validity of - Not ultra vires - Remedy of appeal not an inherent right of a perso, Legislation not bad if remedy of appeal not provided - Constitution of India, 1950, Article 14. Section 67-A of the Punjab Co-operative Societies Act is not ultra vires Article 14 of the Constitution of India. (Para 7) Where it was..........
Punjab Co-operative Societies Act, 1961, Section 18, 19(2), 58, 59 -- Sections 18 and 19 make provision for normal state of affairs - Sections 58 and 59 consist of special provisions - As soon as a Society is ordered to be wound up - All affairs of Society vest in its Liquidator - Rights of members under Sections 18 and 19(2) is taken away.
Section 58 of the Punjab..........
Punjab Co-operative Societies Act, 1961 - - Appendix 'C' Rule 4(3) - Instructions issued by Registrar vide letter dated 25th October, 1969 - General in nature - Not restricted to elections of 1969 - Changed mode of publication not ordered by Registrar - No ground for setting aside election.
The instructions issued by the Registrar Co-operative Societies vide letter..........
Punjab Co-operative Societies Act, 1961 - - Appendix 'C' Rules 4 and 5 - Time for filing nomination papers unreasonably short - No ground for setting aside election held in accordance with law.
An election which has been held in accordance with law cannot be set aside only on the ground that time for filing the nomination papers was not as sufficient as a particular..........
