Law: Co-operative Societies Act (II of 1912)

Section:

(a) Azad Jammu and Kashmir Adaptation of Laws Act 1949-------   ----S. 3-Word "Courts"-Case pending before arbitrator appointed by Registrar Co-operative Societies-Arbitrator not "Court"-Execution proceedings relating to award given by such arbitrator under Azad Jammu and Kashmir Co-operative Societies Act to be governed by Co-operative Societies Act (II of 1912) -Award to be executed by Civil Court-Evidence Act (I of 1872), S.3.   (b) Co-operative Societies Act (II of 1912)------   ----S. 18-Effect of incorporation of Society-Decree or award against Co-operative Society as corporate body cannot be executed against individual members of Society.   A I R 1931 Pat. 321 and A I R 1934 Mad. 181 (2) ref.   (c) Interpretation of Statute----   -----Rules made under statute-- Cannot enlarge or modify Act.   (d) Judgment-----   ----Cannot be executed against person other than one against whom it was passed. JUDGMENT   The decree-holder had applied that Raja Muhammad Afzal Khan and Lt.-Col. Ghulam Rasool judgment-debtors be imprisoned in the Civil Jail. Mr. Abdul Majid Malik put in objections on behalf of Raja Muhammad Afzal Khan on the last hearing. He had made out two points :-   that the Civil Court has no jurisdiction to execute the award of the arbitrator,   if it be held that the Civil Court can proceed in the matter of the execution of theaward, the decree-holder can proceed against the property of the society but cannot proceed against the members of the society individually or against their property.   The Registrar of the Co-operative Societies on being moved, that there was a dispute between the Central Co-operative Bank Mirpur Limited on the one hand and the Industrial Co-operative Union, Mirpur on the other appointed the Inspector of Co operative Societies, Bhimber, as an arbitrator by his order dated 31-3-1955. The arbitrator gave his award on 27-2-59. The Azad J & K Government vide the Adaptation of Laws Act, adapted the Pakistan Co-operative Societies Act (Act II of 1912) on 12-1-1959. The decree-holder's contention is that the pro ceedings before this Court would be…