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T.A. Muthuswami Iyer Vs. the Co-operative Credit Society, Represented by Its President T.N. Krishna Iyer - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in103Ind.Cas.768
AppellantT.A. Muthuswami Iyer
RespondentThe Co-operative Credit Society, Represented by Its President T.N. Krishna Iyer
Excerpt:
co - operative societies act (ii of 1912), section 43--rules--rule xiv, whether ultra vires. - reilly, j.1. the case to which this suit relates appears to have come before the assistant registrar under the provisions contained in the second sentence of the present sub-rule (1) of rule xiv of the rules under the co-operative societies act, 1912, and sub-rule (2) of that rule. i see no reason to think that the second sentence of sub-rule (1) of rule xiv is, as suggested for the appellant, beyond the rule-making powers granted by section 43 of the act apart from the special provision in sub-section (5) of that section. moreover, it now appears from ex. vii, a letter addressed by the appellant to the assistant registrar, that he himself invoked jurisdiction of the assistant registrar in this matter.2. this appeal is dismissed with costs.
Judgment:

Reilly, J.

1. The case to which this suit relates appears to have come before the Assistant Registrar under the provisions contained in the second sentence of the present Sub-rule (1) of Rule XIV of the Rules under the Co-operative Societies Act, 1912, and Sub-rule (2) of that rule. I see no reason to think that the second sentence of Sub-rule (1) of Rule XIV is, as suggested for the appellant, beyond the rule-making powers granted by Section 43 of the Act apart from the special provision in Sub-section (5) of that section. Moreover, it now appears from Ex. VII, a letter addressed by the appellant to the Assistant Registrar, that he himself invoked jurisdiction of the Assistant Registrar in this matter.

2. This appeal is dismissed with costs.


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