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Sri Konaseema Co-Operative Central ... vs N. Seetharama Raju on 5 March, 1990 cites

Babaji Kondaji Garad Etc vs The Nasik Merchants Co-Operative Bank ... on 31 October, 1983

16. We are, therefore, of the firm opinion that the decisions of the Supreme Court in Co-operative Central Bank and B.K. Garad cannot be said to have been wrongly decided on the ground nor can they be ignored on the ground that they did not take note of the earlier decisions in Rashid Ahmed and Mohd. Yasin . Co-operative Central Bank was decided under the A.P. Co-operative Societies Act. It expressly lays down, after a good amount of discussion, that bye-laws framed by a cooperative society as contemplated by the Act do not have the force of law. This decision was specifically referred to, and followed in the later decision in B.K. Garad v. Nasik Merchants' Co-operative Bank Ltd. . The earlier cases neither arose under the Co-operative Societies Act, nor did they deal with the said question. The bye-laws considered in those cases are qualitatively different as explained hereinbefore, and bear no similarity to the bye-laws of a Co-operative Society under the A.P. Act, It would, therefore, not be right to infer a contradiction between the said earlier decisions and the two later decisions, or to hold that the subsequent decisions do not represent good law and need not be followed by this Court.
Supreme Court of India Cites 12 - Cited by 174 - D A Desai - Full Document
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