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april 1962

Supreme Court of India · 1962-04-23

THE KALYAN PEOPLE'S CO-OPERATIVE BANK vs DULHANBIBI AQUAL AMINSAHEB PATIL

Citation / case number
SC 1960/113
Court
Supreme Court of India
Petitioner
THE KALYAN PEOPLE'S CO-OPERATIVE BANK
Respondent
DULHANBIBI AQUAL AMINSAHEB PATIL
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that under Section 54 of the Bombay Co-operative Societies Act, 1925, a Tribunal can act on evidence recorded by a previous Tribunal if the parties consent to such evidence being considered. The Court established that the mode of proof is procedural and can be waived, allowing relevant evidence from prior proceedings to be admissible in subsequent ones. The High Court's decision to set aside the Tribunal's award was overturned, and the matter was remanded for consideration of all issues raised, not just the preliminary objection.

THE KALYAN PEOPLE'S CO-OPERATIVE BANK vs DULHANBIBI AQUAL AMINSAHEB PATIL · Niyam