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april 1961

Supreme Court of India · 1961-04-27

THE REGISTRAR, CO-OPERATIVE SOCIETIES vs DHARAM CHAND AND OTHERS

Citation / case number
SC 1958/189
Court
Supreme Court of India
Petitioner
THE REGISTRAR, CO-OPERATIVE SOCIETIES
Respondent
DHARAM CHAND AND OTHERS
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the Registrar of Co-operative Societies acted within his authority under Rule 18 of the Co-operative Societies Rules, 1912, when he decided a misfeasance application against the managing committee members despite having previously issued a notice for their removal. The Court ruled that the notice related to collective responsibility, while the misfeasance proceedings concerned individual accountability, thus negating any claim of bias against the Registrar. The Court affirmed the legality of the Registrar's actions, emphasizing that general supervisory duties do not equate to bias.

THE REGISTRAR, CO-OPERATIVE SOCIETIES vs DHARAM CHAND AND OTHERS · Niyam