Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1971

Supreme Court of India · 1971-10-21

SHAMRAO VITHAL CO-OPERATIVE BANK LTD. vs KASARGOD PANDHURANGA MALLYA

Citation / case number
SC 1967/399
Court
Supreme Court of India
Petitioner
SHAMRAO VITHAL CO-OPERATIVE BANK LTD.
Respondent
KASARGOD PANDHURANGA MALLYA
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that the term 'control' in Section 2(1) of the Multi-Unit Co-operative Societies Act, 1942 does not encompass the adjudication of disputes, which is a judicial function. The Court clarified that the appellant society, although registered under the Bombay Co-operative Societies Act, 1925, must adhere to the Madras Co-operative Societies Act, 1932 for disputes arising from its Mangalore branch. Consequently, the award passed by the Deputy Registrar under the Bombay Act was deemed invalid for execution in Kerala, affirming the lower court's dismissal of the execution application.

SHAMRAO VITHAL CO-OPERATIVE BANK LTD. vs KASARGOD PANDHURANGA MALLYA · Niyam