Provisions Of Kerala Co-operative Societies Act For Determining Continuance Of Membership Are Mandatory: High Court
2 years, 2 months ago

Provisions Of Kerala Co-operative Societies Act For Determining Continuance Of Membership Are Mandatory: High Court

Live Law  

The Kerala High Court on Friday declared that when specific provisions have been provided under the Kerala Co-operative Societies Act, 1969 for determining the continuance of a person as a member of Society, the same would have to be adhered to. Ravi, while allowing the petition filed by members of the Walayar Milk Producers Cooperative Society, thus observed, "When specific provisions are set out in the Act, to deal with different situations regarding the continuance of a person as a member of Society, action can be taken only in accordance with the said provisions". Factual Background The Court in this case was dealing with two writ petitions - one by the aggrieved members of the Walayar Milk Producers Cooperative Society Ltd. in W.P. Meanwhile, it is averred by the aggrieved members that the President started harassing them and notices were issued to them under Rule 16 of the Kerala Co-operative Societies Rules, 1969, directing them to show cause why they should not be removed from the membership of the Society, on the allegation that they had obstructed the functioning of the Society, and assaulted the employees and insisted on the issuance of receipt in the name of others, in respect of milk supplied by them.

Society Kerala Court Committee Members Milk Rule Member Provisions Aggrieved Societies Act Specific Provisions  kerala  rule  provisions  court  society  societies  determining  milk  continuance  members  membership  mandatory  cooperative  high  member  wp  aggrieved

History of this topic

'Govt Not Expected To Intervene In Administration Of Co-op Societies': Plea In Kerala HC Challenges Provisions Of Kerala Co-operative Society Amendment Act 2023
6 months, 1 week ago

'Govt Not Expected To Intervene In Administration Of Co-op Societies': Plea In Kerala HC Challenges Provisions Of Kerala Co-operative Society Amendment Act 2023

Live Law  

A writ petition is moved before the Kerala High Court challenging various provisions of the Kerala Co-operative Society Amendment Act, 2023. The plea has been filed challenging sections 14AA, 28, 32, 33, 34A, 56, 57E and 64 alleging that the amendments would cause governmental interference in the day-to-day working of the co-operative societies. The plea stated that the Constitutional Amendment …

Challenge To Cooperative Society's Membership Can Only Be Raised Before Cooperative Court, Not State: Bombay High Court
1 year, 10 months ago

Challenge To Cooperative Society's Membership Can Only Be Raised Before Cooperative Court, Not State: Bombay High Court

Live Law  

The Bombay High Court recently held that grant of membership of a cooperative society to any person can be challenged only by filing a dispute before the co-operative court under Section 91 of the Maharashtra Co-Operative Societies Act, 1960. “If membership is granted to any person is in contravention of MCS Act and is thus disputed, then the same can …

Suspension Under S.32 Kerala Cooperative Societies Act Not Dependent On Completion Of Inquiry If Compelling Circumstances Exist: High Court
1 year, 10 months ago

Suspension Under S.32 Kerala Cooperative Societies Act Not Dependent On Completion Of Inquiry If Compelling Circumstances Exist: High Court

Live Law  

The Kerala High Court on Monday held that an order of suspension under Section 32 of the Kerala Co-operative Societies Act, 1969 is not dependent on the completion of the inquiry under Section 65 and the power can, for grave and compelling reasons, be exercised even when the inquiry is pending.The Single Judge Bench of Justice Gopinath P., in this …

Kerala Cooperative Society Member Executing Instrument/Sale Deed In His Own Capacity Not Entitled To Benefit Of Stamp Duty Remission: Supreme Court
2 years, 1 month ago

Kerala Cooperative Society Member Executing Instrument/Sale Deed In His Own Capacity Not Entitled To Benefit Of Stamp Duty Remission: Supreme Court

Live Law  

The Supreme Court observed that a member of a cooperative society in Kerala executing an instrument/sale deed in his own capacity shall not be entitled to the benefit of remission of stamp duty.The bench of Justices MR Shah and Krishna Murari upheld the Kerala High Court Full Bench Judgment which held that the benefit of remission of stamp duty is …

Not Earnest In Discharging Duties Despite Court Orders: Kerala High Court Raps Police Over Postponement Of Cooperative Society Election
2 years, 6 months ago

Not Earnest In Discharging Duties Despite Court Orders: Kerala High Court Raps Police Over Postponement Of Cooperative Society Election

Live Law  

The Kerala High Court on Thursday expressed its concern over the inaction of the police to avoid riots at a scheduled election to a Cooperative Society despite specific court orders, which in turn encourages the widespread politicisation of cooperative societies in the State.A Division Bench of Justice P.B. The Kerala High Court on Thursday expressed its concern over the inaction …

Kerala Co-operative Societies Act | Section 68(1) Includes Inquiry Conducted By Vigilance Officer : High Court
2 years, 10 months ago

Kerala Co-operative Societies Act | Section 68(1) Includes Inquiry Conducted By Vigilance Officer : High Court

Live Law  

The Kerala High Court recently held that an inquiry under Section 68 of the Kerala Co-operative Societies Act includes the inquiry conducted by the Vigilance Officer appointed under Section 68A of the Act, and that it does not have to be necessarily be done by the Joint Registrar of Cooperative Societies himself. This order of surcharge was issued based on …

Cooperative Society Can't Claim Citizen's Fundamental Rights : Kerala High Court Upholds Ordinances Merging District Cooperative Banks
3 years, 7 months ago

Cooperative Society Can't Claim Citizen's Fundamental Rights : Kerala High Court Upholds Ordinances Merging District Cooperative Banks

Live Law  

The Kerala High Court on Wednesday upheld Ordinances amending the Kerala Cooperative Society Act to merge District Cooperative Banks in the state with the Kerala State Cooperative Bank. Agricultural Credit Cooperative Societies,service co-operative banks, Regional Co-operative Banks, Rural Banks, Farmers Service Co-operative Banks at the primary level, District Cooperative bank for each districts, and Kerala State Cooperative Bank at the …

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