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.