AI Overview...
- Notice under Section 125 of the Karnataka Co-operative Societies Act, 1959 - Several judgments clarify that issuing a statutory notice is mandatory before filing a suit against a co-operative society under Section 125. The courts have consistently held that failure to issue such notice leads to the rejection or dismissal of the suit. For instance, in Branch Manager VS Prabhu Trading Corporation - Karnataka and Bharathi Warehousing Corporation VS Shreeshyala Co-operative Industrial Estate Ltd. - Karnataka, the courts dismissed suits due to non-compliance with the notice requirement, emphasizing its mandatory nature.
- Exceptions and Specific Cases - In certain cases, where the suit does not touch upon the constitution, management, or business of the society, the courts have held that notice may not be required before filing. For example, DEEPA HOUSE BUILDING COOPERATIVE SOCIETY LTD VS VAIKUNTEGOWDA - Karnataka and 00300012561 indicate that suits for declarations or possession that are not directly related to the society's management might not necessitate notice under Section 125.
- Legal Principles and Statutory Interpretation - The general consensus is that statutory notices are mandatory and must be strictly adhered to under the Karnataka Co-operative Societies Act, as reinforced by rulings like SYED ABDUL JABBAR VS BOARD OF WAKFS IN KARNATAKA - Karnataka, which dismissed appeals for lack of statutory compliance. However, the courts also recognize that in certain circumstances, such as suits for declaratory relief unrelated to the society’s management, the notice requirement may not apply.
- Comparison with Other Laws - Similar principles are observed in other statutes, such as the M.P. Co-operative Societies Act and the Civil Procedure Code, where notice requirements are either mandatory or not, depending on the nature of the suit (Maharaja Agrasen Grah Nirman Sahkari Sanstha VS Rakesh Kumar Mondal - Madhya Pradesh, Bank of India VS H. C. Raval- Special Recovery Officer or His Successor In - Gujarat).
- Conclusion - The issuance of a notice under Section 125 of the Karnataka Co-operative Societies Act is generally mandatory before filing a suit against a society, especially for matters touching its management or business. Nonetheless, for suits unrelated to management, such as declarations or possession, the courts have sometimes held that notice is not mandatory. This nuanced interpretation underscores the importance of understanding the specific nature of the suit and the applicable legal provisions.
References:
- Branch Manager VS Prabhu Trading Corporation - Karnataka, Suvidha Realtors and Constructions Pvt. Ltd. VS Hubli Taluka Agricultural Produce Co-Operative Marketing Ltd - Karnataka, Bharathi Warehousing Corporation VS Shreeshyala Co-operative Industrial Estate Ltd. - Karnataka, SYED ABDUL JABBAR VS BOARD OF WAKFS IN KARNATAKA - Karnataka, DEEPA HOUSE BUILDING COOPERATIVE SOCIETY LTD VS VAIKUNTEGOWDA - Karnataka, Maharaja Agrasen Grah Nirman Sahkari Sanstha VS Rakesh Kumar Mondal - Madhya Pradesh, Bank of India VS H. C. Raval- Special Recovery Officer or His Successor In - Gujarat
Search Results for "Issuance of Notice is Not Mandatory before Filing Suit under Karnataka Co Operative Societies Act"
2024 0 Supreme(Kar) 602 • India - Karnataka
LALITHA KANNEGANTI
(A) Karnataka Co-operative Societies Act, 1959 - Section 125 - Defamation - Suit for damages filed by plaintiff against defendants ... suit against co-operative society or its officers - Suit dismissed for lack of notice. ... a mandatory notice under Section 125, which was not complied with, resulting in the rejection of the plaint. ... It is their case that, Section 125 of the #....
2021 0 Supreme(Kar) 19 • India - Karnataka
P.KRISHNA BHAT
under Section 125 of the Karnataka Co-operative Societies Act, 1959 to defendant No.l and therefore plaint was required to be returned ... of Karnataka Co-operative Societies Act, 1959 to defendant and therefore plaint was required to be returned - In order for the High ... 115,96,104 r/w Order 43 Rule 1 -Seeking relief of declaration - Terminating contract - petitioner has failed to issue statutory notice ... The ope....
2016 0 Supreme(MP) 603 • India - Madhya Pradesh
VIVEK AGARWAL
-- before filing of suit -- notice under section 94 is not mandatory. ... Act, 1960 (M.P.) -- Ss.94 and 48 -- civil suit against society -- notice under section 94 when not mandatory -- civil suit for declaration ... Cooperative Societies Act, 1960 -- S.94 -- without prior notice to society -- civil suit for declaration and pe....
2008 0 Supreme(Kar) 949 • India - Karnataka
N.K.PATIL
... KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 - Section 125: [N.K.Patil ... mandatory before instituting suit. ... Society - Held, Irrespective of the fact that the plaintiffs are members or non-members, issuance of notice under Section 125 is ... Therefore, issuance of notice under Section 125 of the Co-operative Societies Act was a must before instituting the....
2018 0 Supreme(Guj) 930 • India - Gujarat
J.B.PARDIWALA
Civil Procedure Code, 1908 - Order 2 Rule 2 - Banking companies Act, 1970 - Transfer of Property Act - Section ... 67A - Banking - Plaintiff instituted the Civil Suit against the defendants for the purpose of seeking a declaration that the recovery ... certificate issued by the Registrar, Board of Nominees is null and void and not binding to the plaintiff Bank - As this First Appeal ... Of course, it is under the Bombay Co-operative Societies act U/s.70, but it is reg....
1991 0 Supreme(Kar) 136 • India - Karnataka
D.P.HIREMATH, N.D.V.BHATT
Compliance with statutory notice is mandatory and must be strictly construed. Final Decision: Appeal dismissed. ... Issues: Suit bad for multifariousness, lack of statutory notice under S. 56 of the Wakf Act. ... Trial Court found suit bad for multifariousness and dismissed it for lack of statutory notice. ... Sales Officer, ILR 1990 Kant 151, arising out of a case under Section 125 of the Karnataka Co-operative Societies....
2014 0 Supreme(Kar) 814 • India - Karnataka
ARAVIND KUMAR
KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 - Section 125: [Aravind Kumar, J] Issuance of notice - Suit for declaration, partition ... and possession - Not subject matter touching constitution, management or business of society - Held, Notice to society is not required ... to be issued before institution of suit. ... plaintiff to issue notice under Section 125 of the Act....
2003 0 Supreme(Kar) 195 • India - Karnataka
S.R.NAYAK, K.RAMANNA
Societies over the affairs of the factory. ... Societies over the affairs of the sugar factory. ... that the sugar factory was a 'state' within the meaning of Article 12 of the Constitution and an 'authority' for the purpose of issuance ... We also find quite pervasive and important administrative powers vested in Government of Karnataka and Registrar of Co-operative Societies who is a statutory authority under the Act. ... Consequently, we, after necessary reflection....
1995 0 Supreme(AP) 452 • India - Andhra Pradesh
B.S.A.SWAMY, M.N.RAO
cannot be acceded to as Durga society cannot fall under any of the Co-operative Societies which are eligible for allotment of the ... application of the declarant seeking exemption was confirmed itself speaks about the conduct and bona fides of the petitioner in filing ... that notice under Section 6(2) of the Central Act. ... ... ( 29 ) COMING to the principal argument of the major son that this Court held that notice under Rule 5 (2) of the Rules is mandatory and n....
2025 Supreme(Online)(Kar) 30347 • India - Karnataka High Court
MR SURAJ GOVINDARAJ, J
(A) Constitution of India - Articles 226 and 227 - Karnataka Souharda Sahakari Niyama, 2004 - Service of notice - Notice to borrowers ... to appeal filing indicates willful delay; appeal barred by time limits established. ... (Paras 20.18, 20.19) ... ... (C) Delay in filing appeal - Knowledge of the award served to the petitioners prior ... However, contending that there are dues owed by the petitioner, respondent No.3 initiated a dispute under section 70 of the CO-OPERATIVE SOCIETY....
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