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1 - 10 of 11 (0.28 seconds)Section 52 in The Punjab Co-operative Societies Act, 1961 [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, Kaikuluru Irrigation and Power Department Sub-Divisional Employees Co-operative Credit Society Limited (supra).
Article 300 in Constitution of India [Constitution]
Section 50 in The Punjab Co-operative Societies Act, 1961 [Entire Act]
Section 51 in The Punjab Co-operative Societies Act, 1961 [Entire Act]
S. Ramadas vs The Subordinate Judge And Others on 9 July, 1992
9. Our learned brother Subhashan Reddy, J. in S. Ramdas v. Subordinate Judge, Kothagudem and others, , took the view that once the proceedings under Section 60 of the Act are initiated, the enquiry thereof should be akin to Civil Court enquiry as the Civil
Court's jurisdiction is barred expressly in view of Section 121 of the Act.