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

1969 Supreme(Ker) 6

K.K.MATHEW
PRESIDENT, COMMON WEALTH CO-OPERATIVE SOCIETY LID. , – Appellant
Versus
JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES – Respondent


Judgment :-

1. The petitioner challenges an order passed by the Joint Registrar of Cooperative Societies under S.51 (1) of the Travancore-Cochin Co-operative Societies Act, 1951 (Act X of 1952), hereinafter referred to as the Act, winding up the co-operative society in question and appointing a liquidator to manage its affairs. The appeal preferred before the Government against the order was dismissed by Ext. P-2 order.

2. The only contention raised by the petitioner is that the society should have been given notice of the proceeding to wind it up and as no such notice was given, the proceeding is bad. S.51 (1) of the Act is as follows:

"If the Registrar, after an enquiry has been held under S.45 or after an inspection has been made under S.46 or on receipt of an application made by three-fourths of the members of a registered society, is of opinion that the society ought to be wound up, he may i;sue an order in writing directing it to be wound up, and when necessary appoint a liquidator for the purpose and fix his remuneration."

It is contended that though the Act does not specifically provide for notice being given to a society, rules of natural justice require such a notice before


























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