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Administrative law

ADARSH SAHKARI GRIH NIRMAN SWAWLAMBI SOCIETY LTD. versus THE STATE OF JHARKHAND & ORS.

The impugned Memo is illegal and is set aside because it imposed a superfluous and redundant pre-condition (recommendation of the Assistant Registrar) for exemption under Section 9A; once a cooperative society is registered and a certificate issued under Section 5(7) of the 1996 Act, that certificate is conclusive proof of existence and the additional requirement adds no value and is based on irrelevant considerations.

Source excerpt

  • Illegality
  • Judicial review of administrative action
  • Relevant considerations
  • Irrelevant considerations
  • Superfluous requirements
  • Good governance
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Constitutional law

PINAK PANI MOHANTY versus UNION OF INDIA AND ORS.

The Court directed that out of the total amount lying in the Sahara-SEBI Refund Account, Rs. 5,000 Crores be transferred to the Central Registrar of Cooperative Societies to be disbursed to the legitimate/genuine depositors of the Sahara Group of Cooperative Societies in a transparent manner on proper identification and submission of proof of deposits, with the disbursement to be supervised and monitored by Justice R. Subhash Reddy (Former Judge of this Court) assisted by Shri Gaurav Agarwal (Amicus Curiae), honoraria fixed, payments to be made directly to depositors' bank accounts within nin…

Source excerpt

  • Directions
  • Disbursement to depositors
  • Sahara-sebi refund account
  • Supervision and appointment of amicus
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Arbitration

JAIPUR ZILA DUGDH UTPADAK SAHKARI SANGH LIMITED & ORS. versus M/S AJAY SALES & SUPPLIERS

The Chairman named as sole arbitrator was held ineligible under Section 12(5) read with the Seventh Schedule because his position as an elected member/director/part of management fell within the categories in the Seventh Schedule (clauses 1,2,5,12); once ineligible he was de jure unable to continue and lost mandate, and therefore the High Court did not err in appointing a different arbitrator under Section 11 read with Section 14; Section 58 of the Rajasthan Cooperative Societies Act, 2001 did not prevent application of the Arbitration Act or court appointment of an arbitrator.

Source excerpt

  • Appointment of arbitrator
  • Section 12(5) and seventh schedule
  • Neutrality and impartiality of arbitrators
  • Jurisdictional ouster under state cooperative law
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Cooperative societies law

KERALA PUBLIC SERVICE COMMISSION versus K.N. RADHAMANI & ORS. ETC.ETC.

For direct recruitment of in-service candidates to clerk/cashier posts in District/Central Co-operative Banks, the specific Government Orders and Service Regulations made under Section 80(3) (including the 1982 Registrar communication and the G.O. of 23.03.1988) prescribing SSLC with JDC and three years experience as the qualification operate for that special class and the floor-level pay stipulation in Rule 186 need not apply; accordingly KPSC could not validly insist on graduation in the advertisements and the Commission's appeals are dismissed.

Source excerpt

  • Qualification for direct recruitment
  • Interpretation and interplay of rules and government orders
  • Reservation for in-service candidates
  • Precedent and binding effect
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Criminal procedure

P MAHESH COOPERATIVE URBAN BANK SHAREHOLDERS WELFARE ASSOCIATION versus RAMESH KUMAR BUNG AND ORS.

The High Court was justified in granting interim protection because the material showed that the complaints were an attempt to convert an election dispute into criminal proceedings, there was an overlap between election and alleged loan fraud allegations, the High Court recorded reasons demonstrating possible abuse of process and mala fide motive, and therefore interim stay of further criminal proceedings including arrest pending quash petitions was appropriate; the Special Leave Petitions were dismissed.

Source excerpt

  • Interim stay
  • Quashing of criminal complaints
  • Abuse of process
  • Section 156(3) crpc
  • Section 482 crpc
  • Pendency of writ petitions
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Cooperative societies law

MANAGING DIRECTOR CHHATTISGARH STATE CO-OPERATIVE BANK MARYADIT versus ZILA SAHKARI KENDRIYA BANK MARYADIT & ORS.

Clauses (a) and (b) inserted into s.54(3) by the 2016 Amendment are special provisions conferring on Cooperative Banks the power to appoint their CEO subject to RBI eligibility criteria, but where a Cooperative Bank is a Central Society within s.49-E(2) and a cadre under s.54 has been constituted and a State notification under s.54(3) requires appointment from the Apex/central cadre, the CEO must be appointed from that cadre; the State Government may notify that Central Cooperative Banks appoint CEOs from the Apex cadre and the notified Apex Society must forward a panel of officers from which…

Source excerpt

  • Appointment of ceo of cooperative banks
  • Interaction of s.54 and s.49-e of chhattisgarh cooperative societies act, 1960
  • Effect of 2016 amendment (insertion of clauses (a) and (b) in s.54(3))
  • State notification under s.54(3) and cadre deputation
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Property law

SHIVKISHAN versus SUJATA TARACHAND MAKHIJA AND ORS.

The respondent was a Depositor entitled to Plot No.2 by virtue of her deposit, seniority, and membership application, and the Society's illegal allotment to appellant in breach of interim injunction must be set aside. Only those who exercised option for the plot on the date of the meeting and had not otherwise been allotted or accepted any plot are entitled under law.

Source excerpt

  • Allotment of cooperative society plots
  • Seniority of depositors
  • Illegal allotment
  • Society membership eligibility
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Property law

NISHA SINGLA versus ADARSH COLONY COOPERATIVE HOUSE BUILDING SOCIETY LTD. & ORS.

Possession of the plot allotted to the appellant has not been handed over; the appellant cannot be deprived of her entitlement merely because she did not raise a grievance. In absence of determination, to do complete justice, the Registrar of Cooperative Societies, Punjab is directed to conduct an enquiry to ascertain the status of allotment and possession, and to redress the appellant’s grievance.

Source excerpt

  • Allotment of plot
  • Possession of property
  • Society membership
  • Judicial review
  • Powers under article 142
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Constitutional law

REJI THOMAS & ORS. versus THE STATE OF KERALA & ORS.

The High Court cannot extend the statutory limitation period prescribed by Section 69(3) of the Kerala Cooperative Societies Act, 1969 for election petitions, as no provision exists in the statute for enlargement of time. Courts must strictly interpret limitation provisions in election matters.

Source excerpt

  • Jurisdiction of high court under article 226
  • Limitation in election disputes
  • Interpretation of statutes
  • Remitting matters for fresh consideration
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Banking law

P. M. ABUBAKAR versus STATE OF KARNATAKA AND ORS.

Deputy Registrar has no jurisdiction under s.106 to entertain an appeal against the confirmation of auction sale under s.89A r/w r.38; High Court erred in dismissing writ petition of auction purchaser. Remedies for setting aside the sale are limited and must be pursued as prescribed by statute and rules.

Source excerpt

  • Auction sale
  • Jurisdiction
  • Remedies under karnataka cooperative societies act
  • Confirmation of sale
  • Setting aside auction sale
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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