SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(SC) 637

S.H.KAPADIA, AFTAB ALAM
Adarsh Ginning and Pressing Factory – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared
Shekhar Naphade, Sr. Adv., Vinay Navare, Abha R. Sharma and Sunil Kumar Verma, Advs
Sudhanshu S. Choudhari, Naresh Kumar, Arundhati, Asha G. Nair and Rajesh Prasad Singh, Advs.

ORDER

1. Leave granted.

2. In this case the question which arose before the High Court concerned the validity of the Circulars dated 8th January, 2001 and 3rd October, 2002, issued by the Registrar of the Co-operative Societies stating that Section 101 of the Maharashtra Co-operative Societies Act, 1960 would continue to apply even after commencement of Multi- State Co-operative Societies Act, 2002. The said question has not been answered by the High Court.

3. At this stage it may be mentioned that the Multi-State Co-operative Act, 1984, when initially enacted, was stayed in some conjoint cases. However, that was not the position in the facts of the present case.

4. In the present case a neat question of law arose for decision before the High Court, namely, whether the State Authority could have invoked Maharashtra Co-operative Societies Act, 1960 with respect to the Co-operative Society registered under Multi-State Co-operative Societies Act, 1984 (later replaced by 2002 Act). This question remains unanswered and hence we remit this case to the High Court to consider the same. We may add that auction sale has been set aside and refund has been made.

5. However, it is stated on behalf o


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top