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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN
Jogindera Central Cooperative Bank Ltd. – Appellant
Versus
Addl. Registrar (Mon.) Cooperative Societies – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
1. Since pure question of law is involved in both these petitions filed under article 227 of the Constitution of India, therefore, facts of the same need not be gone into and are being disposed of by common judgment.
2. The question of law posed is whether the provisions of the Section 5 of the Limitation Act, 1963 (for short “the Limitation Act”) apply to an appeal under Section 93 of the H.P. Cooperative Societies Act, 1968 (for short, the Act of 1968)?
3. The Additional Registrar-respondent No.1 in CMPMO No. 361/2024 has held the appeal to be not maintainable by holding that he had no power to condone the delay as would be evident from the relevant portion of the impugned order, which reads as under:-
“The impugned order dated 20.06.2022 of the Assistant Registrar Cooperative Societies Solan has been passed in the surcharge proceedings while exercising the statutory powers by affording reasonable opportunity of being heard to all the concerned parties. As per specific provision contained in Section 93(2) of the Himachal Pradesh Cooperative Societies Act, 1968, an appeal is required to be preferred within 60 days from the decision or order and in co
The provisions of the Limitation Act, including Section 5, apply to appeals under the Himachal Pradesh Cooperative Societies Act, allowing for delay condonation if sufficient cause is shown.
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
The main legal point established in the judgment is that the doctrine of condonation of delay should be applied judiciously, taking into account the circumstances and the impact of external factors s....
Setting aside or refusing to set aside arbitral award under Section 34 of Act and an appeal lies where an order is passed under Section 34.
The Limitation Act does not apply to quasi-judicial bodies, and the Appellate Authority cannot condone delay in the absence of specific provisions under the Employees State Insurance Act.
The court may condone delays in filing appeals where sufficient cause is shown, including circumstances beyond a party's control, advocated particularly in light of unprecedented events like a pandem....
The Limitation Act, 1963 applies to proceedings under the Bengal Co-operative Societies Act, unless expressly excluded.
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