HARKISHAN DASS AND ORS. versus STATE OF HARYANA AND ORS.

Heirs and legal representatives of a deceased member cannot be personally held liable for misappropriation except to the interest devolved upon them; dismissal of a writ petition does not extinguish such a personal plea nor is it barred by res judicata in subsequent recovery proceedings.

Parties: Appellants: Harkishan Dass and Ors.; Respondents: State of Haryana and Ors.
Jurisdiction: India
Judgment Date: 08 November 1995
Procedural Posture: Civil Appeal / Appeal From Dismissal of Writ Petition by High Court
Outcome: Appeal disposed of with clarification; no costs.
Legal Topics: Liability of Heirs and Legal Representatives, Misappropriation of Funds, Arbitration Under Co Operative Societies Law

Co Operative Societies Law Liability of Heirs and Legal Representatives Misappropriation of Funds Arbitration Under Co Operative Societies Law

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Parties

Harkishan Dass and Ors.

Appellants

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by High Court

Legal Issues

1 Can heirs and legal representatives of a deceased member be held liable beyond the interest devolved upon them for misappropriation by the deceased under Punjab Co-operative Societies Act?
2 Does dismissal of a writ petition bar the raising of such defence in recovery proceedings?

Ratio Decidendi

Court Disposition

Appeal disposed of with clarification; no costs.

Orders

Clarification that plea regarding limitation of liability may be raised in appropriate forum and is not barred by prior writ dismissal.
No costs awarded.