AI Overview...
Allowed to be Sued or Made a Party under the Karnataka Co-operative Societies Act
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Legal Capacity of Societies and Developers - The Karnataka Co-operative Societies Act, 1959, recognizes societies as legal entities capable of being sued or made parties in legal proceedings. For instance, registered primary milk producer societies can initiate or defend actions under the Act Kamaganahalli Milk Producers Women's Cooperative Society Ltd. vs State of Karnataka - Karnataka.
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Developer Liability and Proceedings - Developers involved in cooperative societies or land projects can also be parties in legal actions, especially when disputes involve land acquisition, land use, or cooperative management. Courts have upheld the capacity of societies and their members to sue or be sued, including proceedings initiated by government authorities or financial institutions GANESH PRASAD VS L. D. A. LUCKNOW - Allahabad, SHIVASHAKTI SUGARS LIMITED VS RENUKA SUGAR LIMITED - Supreme Court.
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Government and Registrar Actions - The Registrar of Cooperative Societies has authority to initiate inquiries and proceedings against societies and individuals, including developers, under Sections 64 and 65 of the Act. Such actions are within the scope of statutory powers, and courts have upheld their validity The Petitioner vs The Registrar of Cooperative Societies - Karnataka.
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Liability of Developers - Developers or persons managing cooperative societies can be made parties in legal disputes related to land, land use, or cooperative management, especially when their actions impact the society’s functioning or land transactions SHIVASHAKTI SUGARS LIMITED VS RENUKA SUGAR LIMITED - Supreme Court.
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Exceptions and Special Cases - Certain transfer restrictions, such as transfers to tribal societies or mortgage to cooperative societies, are explicitly provided for under the Act and related land laws, limiting the scope of who can be sued or made a party in specific contexts Samatha: Hyderabad Abrasives And Minerals Private LTD. VS State Of A. P. - Supreme Court.
Analysis and Conclusion
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Main Point: Under the Karnataka Co-operative Societies Act, both societies and individuals, including developers managing or associated with these societies, can be sued or made parties in legal proceedings. The Act grants the Registrar and courts authority to initiate and hear such cases, provided proceedings are within statutory limits.
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Implication: Developers involved in cooperative societies or land projects are not immune from legal actions. They can be held liable or made parties in disputes concerning land, management, or statutory compliance.
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References:
- Kamaganahalli Milk Producers Women's Cooperative Society Ltd. vs State of Karnataka - Karnataka: Court upheld the capacity of societies to be parties in proceedings.
- The Petitioner vs The Registrar of Cooperative Societies - Karnataka: Registrar’s inquiry powers are upheld, allowing actions against societies and individuals.
- GANESH PRASAD VS L. D. A. LUCKNOW - Allahabad: Land acquisition and land use disputes involve cooperative societies and their members.
- SHIVASHAKTI SUGARS LIMITED VS RENUKA SUGAR LIMITED - Supreme Court: Proceedings against societies and developers are valid under the Act.
- Samatha: Hyderabad Abrasives And Minerals Private LTD. VS State Of A. P. - Supreme Court: Specific transfer restrictions limit who can be sued in land transactions.
In conclusion, developers managing cooperative societies or involved in land dealings under the Karnataka Co-operative Societies Act can indeed be sued or made parties in legal proceedings.
Search Results for "Developer is Allowed to be Sued or Made a Party under the Karnataka Co Operative Societies Act"
2025 0 Supreme(Kar) 894 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
, 9) ... ... Ratio Decidendi: The court ruled the Registrar acted within authority, emphasizing the necessity for cooperative societies ... The Petitioner claims to be a registered Primary Milk Producer Co-operative Society under the provisions of the KARNATAKA CO-OPERATIVE SOCIETIES ACT , 1959 (for short ‘KCS Act’) and the KARNATAKA CO-OPERATIVE SOCIETIES RULES , 1960 (for short, ‘KCS Rules’). ... The said Sec....
2025 Supreme(Online)(KAR) 12035 • India - Karnataka High Court
JUSTICE, J
(A) Karnataka Cooperative Societies Act, 1959 - Sections 64 and 65 - Inquiry directed by the Registrar based on complaint by one ... before initiating inquiry under Section 64 - Efficacy of single-member complaints noted - Court confirmed discretion of Registrar to act ... on the Registrar under Section 64 (1) of the Karnataka Co-operative Societies Act 1959 and not violative of Section 64 (2). ... He submits that as per Section 28-C (p) of the #H....
2017 0 Supreme(Raj) 24 • India - Rajasthan
SANGEET LODHA, ARUN BHANSALI
... 2005 (2) WLC 559; (2004) 2 SCC 392; Karnataka ... kept open and unaltered for all times to come – However, any change in land use plan in the peripheral control belt during the operative ... rules, by-laws made thereunder or public convenience. ... State of Karnataka. ... 75. ... operative. ... Master Plan and Zonal Development Plan, made operative under the provisions of the UIT Act. ... 63. ... The existing settlements and legally established u....
2019 0 Supreme(SC) 843 • India - Supreme Court
R.F.NARIMAN, SANJIV KHANNA, SURYA KANT
Proceedings were initiated by IDBI Bank against a large real estate developer ... nbsp;(n) Insolvency and Bankruptcy Board Code, 2016 - Section 21(6A) - In case of allottees financing the entire project the developer ... financial creditors” so that they may trigger the Code, under Section 7 thereof, against the real estate developer ... (2005) 2 SCC 762 at 783 and more recently in Karnataka Live Band Restaurants Assn. v. ... name, sue or be sued. ... The amendments so made deem allott....
2017 0 Supreme(AP) 64 • India - Andhra Pradesh
RAMESH RANGANATHAN, U.DURGA PRASAD RAO
have submitted proposals the State Government is obligated to consider the request of each of these corporations/ companies/societies ... any right to continue in service till they attain the age of years - It is only if the request of these Companies/Corporations/Societies ... be approved - Suffice it if the Government of A.P is directed to consider the proposals submitted by each of these corporations/societies ... State of Karnataka; Gurdev Singh Sidhu v. State of Punjab). ... Any decision taken by either of the two s....
2011 0 Supreme(All) 2891 • India - Allahabad
VIRENDRA KUMAR DIXIT, DEVI PRASAD SINGH
Cooperative Societies Act, 1965—Section 29—Land acquisition—Housing Scheme—Non-release of plots in question—Challenge against—Entire ... Urban Planning and Development Act, 1973—Sections 59, 2(f), 4, 18 and 14—Land Acquisition Act, 1894—Section 48—U.P. ... consequential agreement entered into between the society and the LDA, that too without following the procedure contained in 1973 Act ... Cooperative Societies Act, 1965. ... Co-operative ....
2020 0 Supreme(Kar) 1418 • India - Karnataka
B.V.NAGARATHNA, RAVI V.HOSMANI
Reservation - Admission - National Law School of India Act, 1986 (Karnataka Act No. 22 of 1986) - Amendment Act, 2020 - The court ... found the Amendment Act unconstitutional as it imposed a 25% horizontal reservation for Karnataka students, infringing on the autonomy ... Issues: Whether the Amendment Act providing for horizontal reservation for Karnataka students is constitutional and whether ... In other words, certain percentage of the seats woul....
2020 0 Supreme(Kar) 2336 • India - Karnataka
B.V.NAGARATHNA, RAVI V.HOSMANI
Karnataka State Universities Act, 2000 - Section 3 and 6(ii) and (iv) - Constitution of India, 1950 - Article ... respondent/Law School insofar as it makes reservation as per the impugned Amendment as per revised seat-matrix – Writ Petitions allowed ... Even though, it is a provision for the benefit of Karnataka students, one cannot lose sight of fact that same is detrimental to students ... under the Karnataka Societies Registration Act, 1960 (Karnataka#HL_....
2017 4 Supreme 424 • India - Supreme Court
Similar permission was granted under Section 109(1) of the Karnataka Land Reforms Act ... ... Result: Appeal allowed. ... ... On January 24, 2004, the Government of Karnataka had passed an order ... Raibagh Sahakari in exercise of its power under Section 72 of the Karnataka Co-operative Societies Act, 1951. Even a liquidator was appointed to undertake the liquidation process. ... Pertinently, on January 24, 2004, the Government of Karnat....
1997 6 Supreme 530 • India - Supreme Court
G.B.PATTANAIK, K.RAMASWAMY, S.SAGHIR AHMAD
The only exception engrafted is the transfer to Co-operative Societies composed solely of tribals or mortgage of the land to a Co-operative ... Societies. ... Societies. ... Transfer of Land (Regulation) Act, 1968 was made. In Karnataka, the Bombay Tenancy and Agricultural Lands Act, 1948 was made applicable in Bombay region of the Karnataka State. ... Transfer of Land (Regulation) Act#....
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