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1973 Supreme(Online)(Guj) 2

GUJARAT HIGH COURT
A. P. Thaker, J
Chhotalal Vanravan Kakkad v. The State of Gujarat


Table of Content
1. petitioner challenged the execution of a defalcation award. (Para 1)
2. section 103(b) upheld as a legitimate enactment for recovery. (Para 2)
3. judicial discretion permitted in the choice of recovery methods. (Para 3 , 4)
4. mala fide claims regarding coercive recovery dismissed. (Para 5)
5. overall dismissal of the petition due to lack of legal grounds. (Para 6)

1. The petitioner who was the manager of the opponent No. 2 Co - operative Society and also the member of its managing committee was held to be liable jointly with others by the order of the Co - operative Tribunal dated September 19, 1965, and was ordered to pay a sum of Rs. 25149-51 which had been defalcated. After the said liability was finally fixed in appeal, the said award of the Tribunal was sought to be executed against the petitioner by coercive process under the Land Revenue Code as provided under S.103 (b) of the Gujarat Co - operative Societies Act. 1961, hereinafter referred to as the Act. As warrant of arrest was issued against the petitioner, the petitioner has challenged the said coercive process by attacking the vires of the provisions of S.103 of the Act and S.157 and S.158 of the Code as





















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