Law: Co-operative Societies Act, 1925

Section: 9,43,44(E),47,50,51,57,70(A)

Law: Civil Procedure Code (V of 1908)

Section: O.II,R.2

(a) Co-operative Societies Act (VII of 1925)--- ----Ss. 9, 43, 44 (E), 47, 50, 51, 57 & 70(A)---Civil Procedure Code (V of 1908), O. II, R. 2---Co-operative Development Corporation converted into a Banking Society---Fraud by the Banking Society---Money suit---Bar on jurisdiction of civil court---Liquidation of Society--- Award, issuance of--- Requirements--- Co-operative Development Corporation was not registered and without any security approval was granted for Banking business---Banking society looted money of the people through illegal and fraudulent Banking business--No legal formalities had been fulfilled before registration of the Banking Society---No property or other assets of the members of the Society were taken into consideration or any charge was created upon any property by the Registrar of Co-operative Societies---Functionaries of the department had collided with the officers of the Society---No action was taken by the Registrar of Co-operative Societies with regard to illegalities committed by the same---Registrar should have taken steps by entering and searching the premises of the Society, by seizing the books of accounts and other documents---When registration of Society was doubtful, transactions by the officers of said Society were not in accordance with law---Fraud had been committed on the statute in the present case---Formation of Society was not meant to do Banking transactions but to fetch the money of people by playing tactics---Jurisdiction of civil court could not be ousted in circumstances---When there was bar of jurisdiction then barring statute was to be interpreted so as to lean in favour of conferment of jurisdiction on the civil court or special tribunal---Functionaries empowered in the statute must act within the four corners of their jurisdiction---When public functionaries had stepped out of their jurisdiction, civil court would function as court of corrective process to undo the wrong done by such functionaries---On winding up of the Society, Registrar of Cooperative Societies should have appointed liquidator; issuance of award by the Registrar without specifying the dues and liabilities of individuals/members was not…

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