YOGENDRA PRASAD versus ADDL. REGISTRAR, CO-OP. SOCIETIES, BIHAR AND ORS.

YOGENDRA PRASAD versus ADDL. REGISTRAR, CO-OP. SOCIETIES, BIHAR AND ORS.

The Registrar's revisional powers under Section 56 operate independently of the appellate process and are not excluded by the finality provision of Section 48(6); proceedings under Section 40 and Section 48 do not constitute double jeopardy, and assistants to the Registrar may exercise Registrar's statutory powers except as expressly excluded.

Parties
Appellant: Yogendra Prasad; Respondents: Addl. Registrar, Co-op. Societies, Bihar and Ors.
Jurisdiction
India
Judgment Date
17 September 1991
Procedural Posture
Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition in Limine by Patna High Court
Outcome
Appeal dismissed
Legal Topics
Revisionary Powers of Registrar, Double Jeopardy in Cooperative Proceedings, Delegation of Powers Under Cooperative Societies Act
Cooperative Societies Civil Procedure Revisionary Powers of Registrar Double Jeopardy in Cooperative Proceedings Delegation of Powers Under Cooperative Societies Act

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Parties

Yogendra Prasad

Appellant

Addl. Registrar, Co-op. Societies, Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition in Limine by Patna High Court

Legal Issues

  1. 1 Whether Registrar has revisional jurisdiction under Section 56 of the Bihar and Orissa Cooperative Societies Act, 1935.
  2. 2 Whether proceedings under Section 40 followed by proceedings under Section 48 amount to double jeopardy.
  3. 3 Whether assistants of Registrar are eligible to exercise powers of Registrar under the Act.

Ratio Decidendi

The Registrar's revisional powers under Section 56 operate independently of the appellate process and are not excluded by the finality provision of Section 48(6); proceedings under Section 40 and Section 48 do not constitute double jeopardy, and assistants to the Registrar may exercise Registrar's statutory powers except as expressly excluded.

Court Disposition

Appeal dismissed

Orders

  • No costs ordered as none appeared for the respondents.