DEVI SINGH versus STATE OF HARYANA AND ORS.

DEVI SINGH versus STATE OF HARYANA AND ORS.

The President, together with Treasurer and Secretary, is collectively and individually responsible for unaccounted funds; omission to have proper accounting constitutes misappropriation and liability to make good losses.

Parties
Appellant: Devi Singh; Respondents: State of Haryana and Others
Jurisdiction
India
Judgment Date
02 May 1997
Procedural Posture
Review Petition (c) No. 1344 of 1996 in Civil Appeal No 204 of 1979 / Appeal by Special Leave Against High Court Order
Outcome
Appeal dismissed
Legal Topics
Liability of President for Funds, Misappropriation, Collective Responsibility, Surcharge Proceedings, Natural Justice
Cooperative Societies Liability of President for Funds Misappropriation Collective Responsibility Surcharge Proceedings Natural Justice

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Parties

Devi Singh

Appellant

State of Haryana and Others

Respondents

Procedural Posture

Review Petition (c) No. 1344 of 1996 in Civil Appeal No 204 of 1979 / Appeal by Special Leave Against High Court Order

Legal Issues

  1. 1 Whether the President of the Cooperative Society is liable along with Secretary and Treasurer for unaccounted funds
  2. 2 Whether failure to supply certain documents violated principles of natural justice

Ratio Decidendi

The President, together with Treasurer and Secretary, is collectively and individually responsible for unaccounted funds; omission to have proper accounting constitutes misappropriation and liability to make good losses.

Court Disposition

Appeal dismissed

Orders

  • The appeal is accordingly dismissed. No costs.