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1 - 10 of 10 (0.26 seconds)Section 51 in Andhra Pradesh Co-Operative Societies Act, 1964 [Entire Act]
Section 52 in Andhra Pradesh Co-Operative Societies Act, 1964 [Entire Act]
Sammeta Rama Subba Rao vs President, Kaikaluru Irrigation And ... on 15 September, 1993
Evidence recorded behind the back of the defaulter cannot be relied upon to fasten the liability on him without giving him an opportunity to cross-examine the witnesses. The Registrar in his surcharge proceedings is a Court whose order can very well form the subject-matter of judicial review under Article 226 of the Constitution of India. Therefore, it is in the fitness of things that an opportunity like supply of copy of enquiry report, statements of witnesses recorded during the said enquiry, and also an opportunity to cross-examine those witnesses, or permit him to examine his own witnesses by the delinquent by way of rebuttal should be allowed before an order under Section 60 is passed. Therefore, we respectfully agree with the view taken by the learned Judge in S. Rama Subba Rao v. President, Kaikaluru Irrigation and Power Department, Sub-Divisional Employees Co-operative Credit Society Limited (2 supra).
K. Ghouse Peer vs The Registrar Of Co-Operative ... on 13 April, 2000
Even in Mohd. Ghouse v. Deputy Registrar of Co-operative Societies, Vikarabad and Ors. (4 supra) the learned Judge has rightly observed that the proviso to Section 60 mandates adequate opportunity before passing the order, and the issuance of notice proposing to fix the liability under Section 60 is imperative and as such there is no breach of principles of natural justice. Having said so, the learned Judge went on observing that Section 60 is an immediate and necessary consequence of enquiry and audit and inspection and the enquiry for the second round is considered to be superfluous and the affected person is not prejudiced or disadvantaged as the enquiry is done in anterior proceedings. These later observations of the learned Judge appear to strike a contrary note, and we do not therefore subscribe to the same.
Section 53 in Andhra Pradesh Co-Operative Societies Act, 1964 [Entire Act]
Section 50 in Andhra Pradesh Co-Operative Societies Act, 1964 [Entire Act]
S. Ramadas vs The Subordinate Judge And Others on 9 July, 1992
In S. Ramdas v. Subordinate Judge, Kothagudem and Ors. , and in S. Rama Subba Rao v. President, Kaikaluru Irrigation and Power Department, Sub-Divisional Employees Co-operative Credit Society Limited 1994(1) APLJ 200, Justice B. Subhashan Reddy (as the then was) took the view that the enquiry under Section 60 of the Act should be an elaborate enquiry, like an enquiry by the Civil Court in a original proceeding.
Article 226 in Constitution of India [Constitution]
Challa Sanyasinaidu vs Deputy Registrar Of Co-Op. Society, ... on 12 December, 1997
In the instant case, the Surchaging Officer did not do so. Such was not the case in Challa Sanyasi Naidu (1 supra).
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