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1 - 10 of 75 (0.87 seconds)Section 80 in The Gujarat Co-Operative Societies Act, 1961 [Entire Act]
The Negotiable Instruments Act, 1881
Section 13 in The Negotiable Instruments Act, 1881 [Entire Act]
Amreli District Co-Operative Sale And ... vs State Of Gujarat on 17 July, 1984
23.11 Mr. P.K. Jani, learned senior advocate submitted that in the two
judgments, namely, Amreli District Cooperative Sales and Purchase
Union Ltd. & Ors. (supra) and Gujarat State Co-operative Marketing
Federation (supra), it has been held that the notice to the Society is
required to be given. In the present case, the facts are peculiar, as the
elections are already held, results are declared; however, the
Committee has not assumed the office, as the first meeting of the
Committee had not taken place and which took place on 4.9.2020. The
Hon'ble Division Bench has envisaged a situation where there is a
Committee and notice to the Society is issued and that is responded to
as a member of the Committee. Therefore, in the normal circumstances,
a letter would have been addressed to the Union and it, in turn, would
have communicated the same to the Managing Director, and the
Managing Director would have placed it before the Board of Members,
and Board of Members, would, by an unanimous decision have
communicated their views and that would meet the principles of natural
justice and fairness. The Hon'ble Division Bench has envisaged a
situation when Committee is existing and therefore, notice to the
Society; whereas, in the present case, the action is taken prior to
4.9.2020 when Committee meeting has not taken place and therefore,
there is no Committee in that sense. Pertinently, there are 1500
members and it is not possible to serve them and therefore, the elected
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C/SCA/10405/2020 CAV JUDGMENT
members who are 16 in number, would have been served with the
notice considering that there was an extra-ordinary situation and the
State Government could not have waited. Therefore, if the State
Government could not have waited till 4.9.2020, the only course open to
the Registrar was to have heard the members of the Society; however,
the said procedure has not been observed by the Registrar.
State Of U.P. & Ors vs Maharaja Dharmander Prasad Singh Etc on 17 January, 1989
24.13 One of the judgments which was relied upon was the case of
State of U.P. & Ors. vs. Maharaja Dharmander Prasad Singh etc.
(supra), it was in respect of cancellation of lease. It is submitted that
where this discretion is not exercised by the authority in the present
proceedings.