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S. ANANTHI
K. Ponraman – Appellant
Versus
Deputy Registrar of Cooperative Societies, Tiruchirappalli – Respondent
JUDGMENT
(Prayer: Civil Revision Petition under Article 227 of Constitution of India, to set aside the Judgment and decree passed in C.M.A(CS)No.1 of 2018 dated 24.04.2019 by the learned Principal District Judge, Tiruchirappalli.)
1. This Civil Revision Petition has been filed by the revision petitioner to set aside the Judgment and decree, dated 24.04.2019 in C.M.A(CS)No.1 of 2018 passed by the learned Principal District Judge, Tiruchirappalli.
2. The parties are referred to as per the rank mentioned before the Court below.
3. The revision petitioner was President of the 2nd respondent's society and five charges were framed against him. After enquiry under Section 87(1) (g) of Tamil Nadu Co-operative Societies Act, orders also passed against him for 2, 3 & 5 charges on 10.11.2016.
3(i). The second charge is that on 21.06.2016, an amount of Rs.8,87,000/-(Rupees Eight Lakhs Eighty Seven Thousand Only) was withdrawn and remitted back on 02.07.2016. So, the interest for the period of 11-days.
3(ii). The third charge is that the Members of the Society have paid loan amount to the society. But the delinquents have not credited the amount to the society. So, they have misappropriated a
The President of a cooperative society is responsible for supervising and preventing misappropriation, and can be held liable under Section 87(1) of the Tamil Nadu Co-operative Societies Act.
The main legal point established in the judgment is that surcharge proceedings must adhere to prescribed time limits, and liability cannot be imposed on an employee without establishing specific duti....
The main legal point established in the judgment is the individual liability of the petitioner, as the Secretary of the cooperative society, for the misappropriation of funds and stock, despite the a....
Liability under Section 87 of the Tamil Nadu Cooperative Societies Act requires evidence of wilful negligence, which was not established for the clerk in this case.
A report under Section 81 of the Tamil Nadu Cooperative Societies Act is merely for internal review and does not necessitate formal issuance; non-issuance does not violate principles of natural justi....
The Secretary of a cooperative society bears responsibility for financial disbursements, even in cases of fraudulent activity by others, sustaining civil liability despite criminal acquittal.
As per Section 55-A of the Act the President and Secretary are having responsibility for the true and genuineness of the entries made in the account books of the society. When misappropriation was id....
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