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St. Anthony'S Co-Operative Society ... vs The Secretary (Co-Operation And ... on 18 August, 2000
cites
Section 22 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
The Maharashtra Co-Operative Societies Act, 1960
Karvenagar Sahakari Griha Rachana ... vs State Of Maharashtra And Ors. on 27 February, 1989
The principles which have been enunciated in the Judgment of the Division Bench of this Court in Karvenagar Sahakari Griha Rachana Sanstha Maryadit's case have already been adverted to by me earlier.
Section 14 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
The Indian Contract Act, 1872
Section 4 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
The Talmakiwadi Co-Operative Housing ... vs The Divisional Joint Registrar, ... on 9 November, 1999
19. One of the submissions which was urged on behalf of the learned Counsel for the Petitioner was in regard to the fact that in delivering the Judgment in the Talmakiwadi Co-operative Housing Society Ltd. case (supra) the learned Single Judge did not notice the Judgment of the Division Bench of this Court in Karvenagar Sahakari Griha Rahana Sanstha Maryadit, 1989 Bom. 392. The learned Counsel is correct in urging that submission in the sense that the Judgment of a Division Bench was not cited before the Learned Single Judge.
Daman Singh & Ors vs State Of Punjab & Ors on 4 April, 1985
In other words, a clear distinction must be made in law between bodies, such as Co-operative Societies which are formed since their inception subject to statutory control and regulation on one hand and on the other hand provisions of legislation such as the legislation in question in Damayanti Naranga and the Asom Rastrabhasa Prachar Samiti cases. What was considered to be fatal to the validity of the legislation involved in the latter class of cases was that as a result of the statute the very composition of a voluntarily formed association was sought to be altered by taking away the control of the association and vesting membership and the power of management in the Governing Board constituted by the Government or its nominees. These cases are clearly distinguishable from cases such as the present involving bodies such as Co-operative Societies, which owe their legal existence to the provisions of the statute and must therefore necessarily be amenable to the control of the statutory provisions. There is no compulsion to get a Co-operative Society registered and, therefore, once a Society is registered, a grievance cannot be made of the provisions of the statute which regulate the affairs of the Co-operative Society. This view has been clearly laid down by the Supreme Court in Daman Singh's case adverted to earlier and has been followed by a Bench of two learned Judges of the Supreme Court in its Judgment in State of U. P. v. C. O. D. Chheoki Employees' Co-op. Society Ltd.,. In para 15A of its Judgment, the Supreme Court held as follows :-