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BHARGAV D. KARIA
Dahod Jilla Dudh Utpadak Sahakari Sangh Ltd. – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By this Petition under Article 226 of the Constitution of India, the Petitioner – Dahod Jilla Dudh Utpadak Sahakari Sangh Ltd. has challenged the judgment and order dated 4.10.2019 passed by the Deputy Secretary (Appeals) in Revision Application No. 98 of 2015 and the order passed by the Additional Registrar (Appeals) dated 14.8.2015.
2. The brief facts of the case are as under.
2.1 The Petitioner is a District Cooperative Union for the producers of milk in Dahod District.
2.2 The Petitioner made an application for registration of its society under the Provisions of the Gujarat Cooperative Societies Act 1961 on 07 (for short “the Act 1961”).
2.3 The District Registrar of Cooperative Societies, Dahod issued the registration certificate under Section 9 of the Act 1961 on 07.06.2014.
2.4 The Respondent No.4 – Panchmahals District Cooperative Milk Producers Union Limited being aggrieved by the registration granted to the Petitioner, preferred an Appeal under Section 153 of the Act 1961 before the Additional Registrar (Appeals) Cooperative Societies Gujarat State.
2.5 After considering the submissions of the petitioner and the Respondent No.4 the Additional Registrar (Appeals) by
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.
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 ....
The central legal point established in the judgment is the application of Section 4 of the Gujarat Cooperative Societies Act, 1961, particularly the proviso, to determine the eligibility for registra....
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....
Previous sanction under Section 71 of the Gujarat Co-operative Societies Act, 1961 is a prerequisite for cooperative societies' investments, and post facto approval cannot be validated.
Point of Law - The principle to be applied is that there must be a injuria sine damnum and not the damnum sine injuria for taking a legal action and a legal recourse. A damage suffered has to be coup....
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