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october 1950

Supreme Court of India · 1950-10-12

[IN THE SUPREME COURT OF INDIA (HYDERABAD).]CO-OPERATIVE vs NANDLAL

Citation / case number
SC 1950/33
Court
Supreme Court of India
Petitioner
[IN THE SUPREME COURT OF INDIA (HYDERABAD).]CO-OPERATIVE
Respondent
NANDLAL
Author
MEHR CHAND MAHAJAN
Bench
MEHR CHAND MAHAJAN

Judgment text excerpt

The Supreme Court interpreted Section 42 of the Co-operative Credit Societies Act, 1340 F. (Hyderabad), clarifying that the Registrar does not possess the same powers as an executing court under the Civil Procedure Code. The Court held that once a default in payment of an instalment occurs, the entire decree amount becomes due, and the Registrar cannot accept partial payment or direct the executing court to cease proceedings. Consequently, the executing court is entitled to proceed with the execution of the whole amount despite the Registrar's order.

[IN THE SUPREME COURT OF INDIA (HYDERABAD).]CO-OPERATIVE vs NANDLAL · Niyam