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SANGEETA K. VISHEN
Valsad District Co-Operative Milk Producers Union Ltd. Vasudhara Dairy – Appellant
Versus
Deputy Secretary (Appeals) – Respondent
| Table of Content |
|---|
| 1. common issue raised in multiple petitions. (Para 2 , 3) |
| 2. background on the petitioner union's transactions and issues. (Para 4) |
| 3. arguments presented by the petitioner regarding permissions. (Para 5) |
| 4. court's observations on the necessity of prior sanctions. (Para 6 , 7 , 13 , 14 , 15) |
| 5. court observations on the necessity of prior sanctions for investments. (Para 11) |
| 6. discussion on the application of laws to the case. (Para 18 , 19 , 20) |
| 7. final dismissal of petitions with no order as to costs. (Para 21 , 22) |
JUDGMENT :
(Sangeeta K. Vishen, J.)
Since the issue raised in all the captioned writ petitions is common, those were taken up for hearing analogously and are being disposed of by this common oral judgment.
2. By these petitions, the petitioner union has prayed for quashing and setting aside the orders, all dated 12.05.2022 passed by the Deputy Secretary (Appeals) Agriculture, Farmers’ Welfare and Co-operation Department (hereinafter referred to as “the respondent no.1”) so also orders, all dated 15.01.2021 passed by the Registrar, Co-operative Societies refusing to grant permission under the provisions of Section 71 of the Gujarat Co-operative Societies Act
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.
The judgment emphasizes the importance of natural justice and interprets the applicability of section 71 of the Gujarat Cooperative Societies Act, highlighting the necessity of previous sanction of t....
The main legal point established in the judgment is that the petitioners did not misapply the funds of the bank and did not breach the powers conferred upon them for making the investment.
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.
The court established that disqualification under Section 76(B) requires clear evidence of misconduct, and the inquiry process must be thorough and fair.
The Registrar's jurisdiction to approve bank amalgamations remains valid despite the amendment of Section 44A of the Banking Regulation Act, 1949, with amendments not affecting ongoing merger request....
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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