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1969 Supreme(All) 395

GANGESHWAR PRASAD, JAGDISH SAHAI
State of U. P. – Appellant
Versus
District Cooperative Bank – Respondent


Advocates appeared:
S.C. and A.G, for the Appellants; S.C. Khare, K.G. Srivastava, B.N. Sapru and J.N.Tewari, Advocates, For the Respondents

JUDGMENT

Gangeshwar Prasad, J. - These are nine connected special appeals arising out of nine writ petitions challenging the orders of the Deputy Registrar, Cooperative Societies, (exercising the power of the Registrar, Cooperative Societies) for suspension of nine societies registered under the Cooperative Societies Act 1912 (hereinafter referred to as the Act) . The orders were passed under Rule 31 (a) of the Rules framed under the Act. In the case of some societies the orders were only under the main provision of Rule 31 (a) while in the case of others under the proviso to that rule as well, and in respect of all the societies some incidental orders provided for in the rule were also passed. The differences in the nature of the orders are not material for our purpose because the learned single Judge against whose judgments these Special Appeals have been filed dealt only with the questions of the validity of Rule 31 (a) and we too propose to deal with that question alone.. The grounds on which the orders of the Deputy Registrar were challenged before the learned Judge may be stated in his own words from the judgment in writ petition No. 1996 of 1967.

(i) That Rule 31 of the U. P.

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