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...cotton growers and help them by purchasing their cotton at remunerative price for the Mill. The petitioner has the bye-laws. A resolution was passed in the Annual General Body Meeting of the petitioner held on 24.09.2012 an...to bye-law No. 12 was approved. Section 12 of the Act deals with the amendment of bye-laws of a Co-operative Society. The said provision enables the...amendment of bye-laws by a society, in conformity with the provisions of the Act. The approved amendment was submitted on 07.11.2012 in the prescribed format to the 2nd respondent — The Joint Regi...
...accorded permission to the appellant Society for amendment of Bye Laws for taking lease of fishery etc. through tender system by extending its area of operation. One M/s DakhinSalmaraMaysyajibi Fi...the matter be reconsidered by Respondent No.2 after making necessary enquiry. Thereafter, Respondent No.2 vide order dated 13/14.5.2009 rejected the prayer of appellant for amendment of Bye Laws.
.... But later, vide order dated 4.8.2009, again permission was granted to the appellant for amendment of the Bye Laws. Aggrieved, respondent No.5 challenged the order dated 4.8.2009 in WP(C...
...sought to be increased to 17 as required under the provisions of section 12 of the said Act. The Competent Authority i.e respondent No. 2 was moved for grant of approval to the amendment of the said ...respondent No. 2 vide his order dated 27th of November, 2001 directed the amendment of the bye-laws with a modification instead of 17 Directors as proposed, the approval was given to 16...two months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the amendment of the ...
...:- Rajesh Kumar Pandey
Counsel for Respondent :- C.S.C.,Bajrang Bahadur Singh,Satya Prakash Singh
Hon'ble Ajay Bhanot,J.
The impugned order rejected the amendment of the bye
laws of...the society. The impugned order finds that the
quorum of the meeting was not complete. The agenda of
the meeting for amendment of bye laws was not produced.
Various...
Court No. - 35
Case :- WRIT - C No. - 8880 of 2023
Petitioner :- C/M Zila Mahila Samiti Bulandshahr
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner...
...denied the approval to the amendment of the bye-laws. 2. By the said amendment of bye-laws the tenure of the Managing Committee which was one year ear...and the amended bye-laws were sent to the first Respondent as required under Section 28(3) of the Trade Unions Act, 1926. 3. The first Respondent refused...notice points out that even the period of two years sought to be introduced by amendment has expired and therefore, the matter itself has become infructuous in as much as the present management is no...
...provisions of Sections 16, 61, 62 and 133 of the Act which are as follows :-
"16. Amendment of bye-laws of a society (1) No amendment of any ...) If in the opinion of the Registrar, an amendment of the bye-laws of a society is necessary or desirable in the interest of such society or of the co-operative movement, he may,...certificate shall be conclusive evidence that the amendment has been duly registered; and such an amendment shall have the same effect as an amendment of any bye-law made by the society...
...convening the general body meeting, these resolutions have been passed and therefore, the amendment of bye-laws should be declared as null and void. However, the learned counsel for the...2ndrespondent contended that the writ petitioner has also participated in the general body meeting and he has also consented for the amendment of bye-laws.
2/4...newly amended bye-laws, dated 05.04.2023 on the basis of the petitioner's representation, dated 19.07.2023.
2. When the writ petition was taken up for final hearing...
...Registrar, Cooperative Societies, Nashik Division, Nashik accorded his approval to the amendment of the aforesaid bye-laws. It is not disputed that consequent upon the amendment in the bye-...the bye-laws to the Joint Registrar, Cooperative Societies (Dairy), Worli, Mumbai who allowed the appeal, holding the amendment of the...petition under Article 226 for direction to the Returning Officer for inclusion of their names in the electoral roll in view of the fact that the amendment in the bye-laws was struck down by the...
...to decide whether the refusal to admit a particular member on the basis that he is not qualified under the bye-laws is correct or not and the power is conferred only to decide the eligibility of a person to be a member, app...the bye-laws of a society had to be approved by the Registrar before it could come into force. Section 14 of the Act confers a power on the Registrar to direct an amendment of...the bye-laws of a society. The said section reads as under:“14. Power to direct amendment of...
...Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the KCS Act for short) whereby the Authority has allowed the amendment of Bye-Laws of respondent Co- operative Society...SO FAR AS AMENDMENT TO PARAGRAPH NO.42.1 IN CHAPTER-8 OF THE BYELAW PRODUCED AS PER ANNEXURE-A. B) DIRECT THE RESPONDENTS TO RESERVE ONE POST FOR THE 'B' CLASS MEMBERS...TO CONTEST THE ELECTION FOR THE BOARD OF DIRECTORS AS EXISTING EARLIER I.E., PRIOR TO ORDER DATED 23.01.2014. THESE WRIT PETITIONS COMING ON FOR HEARING IN B GROUP, THIS DAY, THE COURT MADE THE...
...by the petitioner society for amendment of the bye-laws, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the Joint Registrar of Co-operatives...said Circular, the Joint Registrar will pass orders on the petitioner's application for amendment of bye-laws. The learned Government Pleader further submitted that in any case the Registrar of Co...further direction to the Joint Registrar of Co-operative Societies (General), Ernakulam to pass orders on the proposal submitted by the petitioner for registration of the amendment to the bye-laws ...
...Mandamus, directing the first respondent to dispose of the petitioner's representation, dated 19.11.2009 in respect of the amendment of bye-laws of the second respondent Sabai, based on t...(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of...Mr.PT.S.Narendravasan, the learned counsel appearing for the petitioner and Mr.Pala Ramasamy, the learned Special Government Pleader, appearing for the respondents.
2. At this stage of the hearing of...
...Patherya, J.:— By this petition, the petitioner seeks to set aside the certificate of registration of amendment of bye-laws dated 17-05-2011.The case of the peti....Having considered the submissions of the parties Rule 13(1) of the 1987 Rules postulates that the amendment of bye-laws is to be adopted by a resolution ...general meeting. Form VIII for registration purposes of such amended bye-laws requires certain particulars to be given including the date of the general meeting. The number of members present, members to v...
...-laws and normally the model bye-laws prepared by the Registrar are accepted by the societies. Section 13 prescribes that no amendment of the bye-laws shall be valid until registered unde...prevents the Registrar from registering amendment of the bye-laws if the amendment is repugnant to the policy directives issued by the State Government under Section 4. Section...14 confers power on the Registrar to direct amendment of bye-laws. The Registrar can compel a society to amend the bye-laws if the Registrar is satisfied that such amendment is n...
...for the issuance of a writ of mandamus, directing the first respondent to grant approval for the Amendment of bye-laws of the second respondent Sabai based on the resolution dated 07.04.2...would expedite the matter relating to the amendment of the bye-laws, as recommended by the resolution of the second respondent, dated 07.04.2002, as per Section 54(1) of the Soci...by the second respondent and draft amended bye-laws forwarded on 16.08.2010 to the first respondent as per his proceedings Na.Ka No. 4470.A2/2009, dated 16.04.2010 within a time limit fixed by this...
...Committee is permitted to perform day to day work and shall not take any major policy and financial decisions such as amendment of bye-laws, penal action against the Members, sale or purchase of...order dated 24.11.2022 this court has issued four directions. By the fourth direction the respondents have been restrained from taking major policy and financial decisions such as amendment of bye-laws, penal...
Court No. - 6 Case :- CONTEMPT APPLICATION (CIVIL) No. - 331 of 2023
Applicant :- M/S Halwasiya Sports Llp. Thru. Its...
...months from the date of this Order.”4. Petitioner has filed this original petition challenging Ext. P4. He points out that the bye-laws of the society can be amended only in accordance with the prov...accordance with the aforesaid provisions. Inter alia the proviso to sub-section (2) of Section 12 provides that before registering any amendment to the bye-laws, the Registrar shall cons...amendment of bye-laws as mentioned in Ext. P4. Therefore, the entire exercise leading to Ext. P4 is illegal, and not Supported by any provision in the Act or the Rules.5. The...
...contravention of the provision of the bye-laws and the provision of the Societies Registration Act. The bye-laws of the Society called the Punjab Efflu...Board may alter, extend, abridge, or amend Memorandum of Association and Bye-laws, however, subject to such positions being agreed to by the votes of three fifth of the members of the board at a m...amendment of bye-laws as an item in the agenda. The provision in the bye-laws that made possible amendment required decision to be taken by the Board of Directors and the decisio...
...-2006. With regard to encashment of earned leave on retirement, there is no such provision in the special bye-laws. Therefore, the petitioner is not entitled for gratuity or for encashment of earned leave etc. ...bye-laws of a society:
(1) No amendment of...) to (5) ...
5. The said provision contemplates that any amendment made to the bye-laws of the society shall come into force on the date on which it is registered. Whereas, the special bye...
...decide the amendment applications in the bye laws of the petitioner society within stipulated time.C. Your Lordshipsl may be pleased to issue a writ of certiorari, a writ in the nature ...No. 3 Committee is directed to decide and dispose of the applications preferred by the petitioners for amendments in their bye-laws within a stipulated time limit.6. Section 13 of the Act reads as un...the bye-laws of a society shall be valid until registered under this Act. For the purpose of registration of an amendment of...