Law: Government of India Act, 1935

Section: 17

Law: Bombay Co-operative Societies Act (VIII of 1925)

Section: 3 (1) (e), 72, 51, 70

P L D 1956 (W. P.) Karachi 305           Government of India Act, 1935, S. 17-Appointment notified by Deputy Secretary without specifically mentioning the appointing authority viz., the Central Government-Appointment invalid.   The appointments of a Reistrar under the Bombay Co-operative Societies Act (VIII of 1925) was to be made by the Central Government. A Deputy Secretary, Government of Pakistan, authenticated the notification by which the appointment was made, but the notification did not mention that the appointment was made by the Central Government Held, that the appointment I was not validly made.   When an act is required by law to be done in the name of a certain person, then unless the order or notification so reads, no presumption can under law be drawn.   Qamruzzaman Khan v. The Province of Punjab P L D 1955 Lah. 612 ref.   Bombay Co-operative Societies Act (VIII of 1925), S. 3 (1) (e) read with Ss. 72, 51 and 70-"Deemed to be registered" in S. 3 means registered as provided by S.72-Bank not validly registered-Civil suit against Bank not bared.   Section 3 (1) (e) of Bombay Co-operative Societies Act (VIII of 1925) defines society as one registered or deemed to be registered under the Act.   Held, that the words "deemed to be registered" have reference to section 72 of the Act whereby only societies already registered under the Co-operative Credit Societies Act (X of 1904) and Co-operative Societies Act (II of 1912) are "deemed to be registered" under the Act.   A Co-operative Bank, therefore, registration of which was defective because of the appointment of the registering authority viz., the Registrar, Co-operative Societies, not being in accordance with law, was not covered by the words "deemed to have been registered" used in section 3 (1) (e) of the Bombay Co-operative Societies Act (VIII of 1925).   Held, that the Act did not apply to the Bank and sections 51 and 70 of the Act did not bar a civil suit against the Bank.   Commissioner of Income Tax Bombay v. Bombay Trust Co-operation Limited A I R 1930 P C 54 mentioned.    …