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...........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3(1), 4(1) -- Controlled area - Scheduled roads - Unauthorized construction - From the terms of Act it is clear that as regards the scheduled roads the Act becomes operative from the date of the Act - Any violation of Section 3(1) of the Act after coming into force of..........
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..........
Punjab Co-operative Societies Act, 1961, Section 55, 82, Rajasthan Co-operative Societies Act, 1965, Section 75, 137 -- Bar of jurisdiction of Civil Court to try suit - Plaintiff purchased plot allotted to his vendor by Co-operative Society - Suit filed for declaration of title, restoration of possession and injunction against encroacher-defendant - Neither plaintiff nor..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- as added by Haryana Act 34 of 1974 - Struck down by Division Bench in Karnal Co - operative Farmers Society's case 1976 PLJ 237 - No special law under which Civil Court decree can be challenged - General law applies for challenging validity of Civil Court decree within specified time...........
Punjab Co-operative Societies Rules, 1963, Rule 26(f) -- Prescribes post election disqualification i.e. disqualification incurred by a person after he has been elected a member of the Committee - Disqualification incurred prior to election as member of Committee - Clause (f) of Rule 26 would not apply - Word `becomes' in clause (f) leaves no room for doubt that..........
Punjab Co-operative Societies Rules, 1963, Rule 26(f) -- Person already a defaulter when contested for membership of Society and not eligible to contest, succeeded in election and became President of Society - Disqualification incurred prior to election - Does not cease to be member under clause (f) of Rule 26...........
Punjab Co-operative Societies Act, 1961, Section 63(a) -- Amount plus interest plus costs sought to be recovered on the basis of Certificate - Not permissible when nothing in Certificate from which it could be inferred that amount decreed to be recovered along with interest and costs of litigation - Amount as mentioned in Certificate alone recoverable...........
Punjab Co -- operative Societies Act, Section 55 - Arbitrator himself has no power to imp lead parties to the reference - Arbitration case by Cooperative Society against SL, application by SL for impleading PS as a party to reference dismissed by Arbitrator, on appeal by Society case remanded to Arbitrator that if PS necessary party he should be impleaded, thereafter..........
Punjab Co -- operative Societies Act, Section 19(2) - A member of Primary Society (President) empowered by Managing Committee by means of resolution to attend and participate in the meeting and election of Central Bank - Fact that he ceases to be member or President of Managing Committee of Primary Society - Cannot in law be a ground for cessation of his status as Director..........
