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october 1966

Supreme Court of India · 1966-10-12

BIHTA CO-OPERATIVE DEVELOPMENT CANE MARKETING UNION LTD. vs THE BANK OF BIHAR & ORS.

Citation / case number
SC 1964/90529
Court
Supreme Court of India
Petitioner
BIHTA CO-OPERATIVE DEVELOPMENT CANE MARKETING UNION LTD.
Respondent
THE BANK OF BIHAR & ORS.
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that under Section 48 of the Bihar and Orissa Co-operative Societies Act, 1935, as amended by Bihar Act 16 of 1948, disputes involving non-members are not within the jurisdiction of civil courts unless they fall under specific categories. The Court clarified that the amendment did not extend the jurisdiction to all disputes involving non-members, particularly when the society is not a financing bank. Consequently, the High Court's dismissal of the suit was overturned, affirming that the civil court had jurisdiction in this case.

BIHTA CO-OPERATIVE DEVELOPMENT CANE MARKETING UNION LTD. vs THE BANK OF BIHAR & ORS. · Niyam