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BHARGAV D. KARIA
Momaipura Mahila Dudh Utpadak Sahakari Mandli Limited – Appellant
Versus
Additional Registrar (Appeals) – Respondent
| Table of Content |
|---|
| 1. challenges against orders of registration (Para 3 , 4 , 6) |
| 2. arguments related to statutory rights of societies (Para 7) |
| 3. observations regarding existing societies' rights (Para 8) |
| 4. judgment based on interpretation of statutory provisions (Para 10 , 11 , 13 , 19 , 23 , 27) |
| 5. final decision to quash the registration cancellation orders (Para 28) |
JUDGMENT :
BHARGAV D. KARIA
1. Heard learned advocate Mr. Dipen Desai for the petitioner, learned Senior Advocate Mr. Prakash Jani assisted by learned advocate Mr.Shivang P.Jani and learned advocate Mr. V.C. Vaghela for the respondents and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent-State.
2. Rule returnable forthwith. Learned advocate Mr. Shivang P. Jani, learned advocate Mr. V.C. Vaghela and learned Assistant Government Pleader Mr. Dhawan Jayswal waives service of notice of rule on behalf of the respondents.
3. These petitions are filed challenging the orders passed by the Additional Registrar under section 153 of the Gujarat Cooperative Societies Act, 1961 (For short “the Act, 1961”) canc
A competing co-operative society lacks locus standi to challenge another's registration unless it suffers a legal wrong, underscoring the principle that competition must be encouraged.
Compliance with the prescribed procedure and criteria under Section 4 of the Gujarat Cooperative Societies Act 1961 is essential for the registration of cooperative societies.
Deregistration under Section 21A of the Act can only be based on specified statutory grounds and not on extraneous considerations. The right to form association cannot be jeopardized based on non-sta....
The main legal point established in the judgment is the requirement for a proper inquiry under relevant sections of the Gujarat Co-operative Societies Act, 1961 before cancelling the registration of ....
Section 6 of the Act provides for filing of an application with the Registrar in the prescribed form seeking for registration of a co-operative society.
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