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2008 Supreme(Bom) 674

SWATANTER KUMAR, VASANTI A.NAIK
Krishna Ganpatrao Kamdi – Appellant
Versus
Liladhar w/o. Laxman Pathode – Respondent


Advocates appeared
Mr. PALIWAL, for the Petitioners.
Mr. C.S. KAPTAN, for the Respondent No.

SWATANTER KUMAR, C,J.:-

It is a settled cannon of interpretative law that recital or preamble of an Act is key for opening the meaning and intent of an Act. Equally true it is that preamble of the statute can neither expand nor control the scope and application of the substantive provision particularly when it is clear and explicit. The legislature with a view to provide for orderly development of cooperative movement in the State of Maharashtra and in accordance with the relevant directive principle of the State policy enumerated in the Constitution of India considered it expedient to consolidate and enact the laws relating to the Co-operative Society in the State. The Bombay Co-operative Societies Act, 1925 in its application to State of Maharashtra was repealed and by a new enactment The Maharashtra Co-operative Societies Act. 1960 (hereinafter referred to as the 'said Act') was enacted. This Act was for the development of the co-operative movement which was expected to be in an orderly manner. The said Act was intended to provide greater freedom, free and fair democratic process and to regulate business and management of the societies in accordance with the prescribed standards













































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