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1 - 10 of 13 (0.38 seconds)Section 27 in The Arbitration Act, 1940 [Entire Act]
Section 27 in The Co-Operative Societies Act, 1912 [Entire Act]
Bishnu Charan Mukherjee And Anr. vs State Of Orissa on 18 April, 1951
"I agree with Lord Justice James that this doctrine ought to be reasonably, and not unreasonably understood and applied, and that whatever may fairly be regarded as incidental to. or consequential upon those things which the Legislature has authorized, ought not (unless expressly prohibited) to be held by judicial construction, to he ultra vires
Referring to these observations of Lord Selborne Jagannath Dass. J. observed: Bishnu Charan v Stale of Orissa, AIR 1952 Orissa 11 at p. 16:
Matajog Dobey vs H. C. Bhari(With Connected Appeal) on 31 October, 1955
In Matajog Dobey's case mentioned above AIR 1956 SC 44 the Supreme Court used this principle to imply that "if in the exercise of the power or the performance of the official duty, improper or unlawful obstruction or resistance is encountered, there must be a right to use reasonable means to remove the" obstruction or overcome the resistance.
The Lucknow Officials' Co-Operative ... vs Registrar Of Co-Operative Societies ... on 24 November, 1965
In view of the decision of the Division Bench of this Court in District Co-operative Federation v Registrar. Co-operative Societies. AIR 1966 All 489 it is doubtful if S 27 would be applicable to an arbitration under the Co-operative Societies Act. The Bench held that the Co operative Societies Act and the rules arc a complete Code so far as arbitration is concern-ed. They provide exhaustively for every matter relating to arbitration and observed that it is difficult to see as to which provision of the Arbitration Act can be made applicable to an award made under the Act read with the rules.
Muhammad Suleman Khan vs Muhammad Yar Khan And Ors. on 7 August, 1894
J observed that the courts
are not to act upon the principle that every procedure is not to be taken as prohibited unless it is expressly provided for by the Code; but on the converse principle that every procedure is to be understood as permissible till it is shown to be prohibited by the law The same view has been expressed in Mohd Sulaiman Khan v. Mohd Yar Khan. (1888) ILR 11 All 267 at p 287 (FB) The Co-operative Societies Act and the rules have constituted the arbitrator for a limited purpose, and have conferred well defined powers He has no general jurisdiction No inherent powers which properly belong to courts can be recognized in his case.