Court : Chennai
..... 1988 (for brevity the rules ). following the said order, the third ..... .d. act on 19 january 2010, as per which, the wages of the employees were revised. when things stood so, the first respondent, viz., the registrar of cooperative societies, vide order dated 19 january 2012, directed the fourth respondent bank to amend clause 27 of the bye-laws in tune with rule 149(1) of the tamil nadu cooperative societies rules, ..... members of the appellant union are none other than the employees of the fourth respondent, viz., the chennai port trust employees' cooperative bank ltd., which is a society registered under the tamil nadu cooperative societies registration act. the members of the fourth respondent bank are none other than the employees of the chennai port trust. thus, the pay ..... october 2008 instead of from january 2007. feeling aggrieved, the appellant preferred a revision under section 153 of the tamil nadu cooperative societies act, 1983 (for brevity the act ) before the second respondent, viz., the additional registrar of cooperative societies, which ended in dismissal vide order dated 04 december 2009. assailing the said dismissal and also seeking a direction .....Tag this Judgment!
Court : Chennai
..... held that the cooperative society was controlled by the special officer appointed by the state government. therefore, it will come within the purview of the act. that writ petition was admitted on 1.7.2010. pending the writ petition, an interim stay was also granted.4. the third writ petition, i.e., w.p.no.16041 of 2010, challenges the notice issued by the tamil nadu information commission ..... reads as follows : a bill further to amend the tamil nadu co-operative societies(appointment of special officers) act, 1976.be it enacted by the legislative assembly of the state of tamil nadu in the sixty-first year of the republic of india as follows:1. (1) this act may be called the tamil nadu co-operative societies (appointment of special officers) second amendment act, 2010.(2) it shall be deemed to have come ..... into force on the 30th day of july 2010.2. in section 4 of the tamil nadu co-operative societies (appointment of special officers) act, 1976 (hereinafter referred to as the principal act), in sub-section (1), for the expression .....Tag this Judgment!
Court : Chennai
..... tamil nadu co-operative societies act and not under the multi state co-operative societies act and in the light of the recent decision of the hon'ble supreme court in the case of akalakunnam village service cooperative bank ltd., and anr., vs. binu. n and ors., reported in (2014) 9 scc 294, the writ petition would lie against the co-operative society, when the registration of the amendments ..... this writ petition challenging the amendments made to the by-laws of the third respondent society, the registration of those amendments as granted by the second respondent and for a direction that he should be only secretary of the society and the chief executive. 4. the third respondent is a multi state cooperative society governed under the provisions of the act and the rules and regulations ..... law reliance has been placed on the decision of the hon'ble supreme court in the case of kalabharati advertising vs. hemant vimalnath narichania and ors., reported in (2010) 9 scc 437; state of tamil nadu and ors., vs. k.shyam sundar and ors., reported in (2011) 8 scc 737; ratnagiri gas and power private ltd., vs. rds projects ltd and ors ..... was allowed by order dated 30.09.2011. therefore, the petitioner's contention is that he should be reinstated as secretary and chief executive of the third respondent society. however, the board of the third respondent society by resolution, dated 21.10.2011, increased the cadre strength of secretaries from one to four and the fifth respondent was promoted as one of .....Tag this Judgment!
Court : Chennai
Reported in : AIR1996Mad212; (1995)IIMLJ549
..... set out their pleadingrs separately.6. in the written statement filed by 13th defendant in sept. 1992, she seeks to claim right under hindu succession (tamil nadu amendment) act, 1989. but, in the reply statement filed thereafter, filed by the plaintiff, it is pleaded that since the plaintiff had issued a legal notice ..... the plaintiff, so that they could sell them and keep the plaintiff under their control. the 1st defendant has acted fairly in dividing the properties. the loans borrowed from the cooperative societies are not in the name of the plaintiffs. one was in the name of the 1st defendant on the security ..... of the joint family properties, another was in the name of the plaintiff on the security of the joint family properties purchased in the name of the plaintiff, and the third ..... family debt borrowed in the name of the plaintiff to the extent of rs. 3,915/- under three loans from sengamalanachairpuram agriculral service co-operative society. the said loans were utilised for the joint family. as on 13-5-1982, the said principla amount of rs. 3.915,/- and interest ..... . the family of the plaintiff and defendants is a rich agricultural family in the, locality. except the loan amounts borrowed from the co-operative society, the family does not owe any amounts. the plaintiff is the eldest son and he studied upto 9th standard. the plaintiff contributed his labour .....Tag this Judgment!
Court : Supreme Court of India
..... contained in the amendment act. so far as point 2 is concerned, he argued that the high court was correct in saying that there is an intelligible differentia between cashew factories taken over by the cashew development corporation on the one hand (the 36 factories) and the 10 factories taken over by capex, which is an apex body consisting of cooperative societies of workmen ..... repeatedly asked him if action had been taken under section 3(1) or 3a of the amendment act to acquire any of the cashew factories before us. his candid answer was "no". the argument that section 6 contains a third source of power to acquire cashew factories merely by putting them in a schedule has to be rejected on two fundamental grounds. first ..... and the 36 factories which were not sought to be taken over by the amendment act. the third point he argued before us was that in any case section 6 of the amendment act read with section 9 of the original act was an independent stand alone provision. section 6 of the amendment act was not in the 9th schedule and since it referred inter alia to section ..... of haryana & anr. 2004 (12) scc588and state of tamil nadu v. state of kerala & anr. 2014 (6) scale380 his second point was that considering that all the notices served were in identical terms, and considering that the objects and reasons of the 1995 amendment act placed all 46 factories at par, section 6 of the act violated article 14 inasmuch as it discriminated between the .....Tag this Judgment!
Court : Chennai
..... from 03.08.2012. the ordinance became an act under article 37 of 2012, gazetted on 16.11.2012 and received the assent on ..... in clause (i) of sub-section (2) of section 21 of the act.152. the amendment to section 21(2) was originally brought through ordinance no.14/2012 on 03.08.2012. the said ordinance no.14/2012 of the tamil nadu cooperative societies (third amendment) ordinance, 2012, promulgated on 3rd august 2012 by the government, was gazetted on 03.08.2012, coming into effect ..... to time. as of today, in the place of the board/governing body, we have only special officers managing the affairs of the society. in this background, section 89a was inserted by the tamil nadu cooperative societies (amendment) act of 2001 (tamil nadu act 12 of 2001), effective from 12th june 2001. through this provision, powers were conferred on the special officer appointed under section 88 of ..... the board is only the reflection of the general body; consequently, there is no illegality or arbitrariness or violation in the constitutional provisions in enacting an amendment to section 21(2) of the tamil nadu cooperative societies act. he pointed out that in providing for such a mechanism, there is no undermining of the democratic control by the members, who alone are to .....Tag this Judgment!
Court : Chennai Madurai
..... of impugned circular, dated 21.07.2016 of the second respondent. in this connection, the learned standing counsel for the respondents proceeds to state that, as per tamil nadu value added tax act, 2006, a society including a cooperative society club or firm or an association, which, whether or not in the course of business buys, sells, supplies or distributes goods from or to its members ..... district managers, all depot managers tasmac limited, had issued the following instructions:- the government vide g.o.(ms)no.18, commercial taxes and registration, dated 29.01.2016 has amended the tamil nadu value added tax rules, 2007, thereby every dealer has to furnish the invoice-wise sales effect them during the previous month along with vat return to be filed on the ..... .18, commercial taxes and registration, dated 29.01.2016, (annexure18) there is a second column buyer taxpayer identification number, name of the buyer, commodity code, point of sale (first / second / third / forth) etc., and this has to be filled up and submitted by the petitioner / club, before the second respondent, who in turn, will send the same through commercial taxes department .....Tag this Judgment!
Court : Kolkata
Reported in : 1986(9)ECC356,1986LC722(Calcutta),1986(25)ELT489(Cal)
..... reported in 1978 cencus 120 and distinguished the same by relaying on a judgment of the madras high court in the case of tamil nadu (madras state) handloom weavers cooperative society ltd. where it was held that even if the goods are exempted from excise duty the goods did not cease to be ..... wholly exempted from excise duty.5. on or about the 18th june, 1977 item no. 22 aa in the tariff schedule of the act was amended. under the amended item flax fabrics, in which flax predominated in weight, 15% ad valorem duty was included. by another notification no. 138/77 dated ..... pass any orders under rule 8 or to give any clarification in respect of exemption of excise duty. but by his letter dated the 3rd october, 1977, the said superintendent wrongly and without authority purported to issue a clarification.(h) the matter was thereafter reconsidered by the excise authorities ..... of the representation contained in the said letter of the superintendent of central excise, jayashree textiles & industries range as contained in his letter dated 3rd october, 1977, the appellant following the procedure for self-removal under the central excise rules had inadvertently paid excise duty from time to time ..... the 21st september, 1978 the appellant preferred an appeal before the appellate collector of customs and central excise, calcutta. by an order dated the 3rd april, 1980, the appellate collector rejected the appeal. the appellate collector held that though the fabric had been manufactured at a time when they .....Tag this Judgment!
Court : Chennai
Reported in : 1999CriLJ1252
..... is an i.a.s. officer and managing director of the tamil nadu agricultural cooperative society under whom a3 was working with the second accused to supply the fertilizer. on the basis of this, the second accused requested the first accused who is the manufacturer of fertilizer, to supply the same to the third accused. accordingly, the said supply was made by the first ..... rea. the relevant extract of the passage is as follows :-consequent upon this recommendation, the words 'whether knowingly, intentionally or otherwise' introduced in section 7(1) by the amendment act 36 of 1967, were deleted by the essential commodities (amendment) ordinance of 1974, which was published in the central gazette, dated 22-6-1974, which was then replaced by the essential commodities ..... (amendment) act, 1974 (act 30 of 1974), which received the assent of the president on 29-8-1974, with the result that the relevant portion of sub-section (1) of section 7, as it stood prior to the 1967 amendment has been restored and the words 'whether knowingly, intentionally or otherwise' have ..... apparently intended to circumvent the interpretation regarding mens rea given by the apex court in nathulal's case. but a few years later, the parliament made some amendment by the act 30 of 1974 by restoring the position as it stood before 1967. according to this change, the words 'whether knowingly, intentionally or otherwise' from the body of section 7(1 .....Tag this Judgment!
Court : Chennai
Reported in : (1992)1MLJ63
..... the two orders that of the deputy registrar (arbitrator) and the tribunal have to be ignored because they are passed in a proceeding purportedly started under section 73 of the tamil nadu cooperative societies act, 1961, in a so-called dispute raised by the petitioners concerning their service conditions. we have already found that such a dispute will not lie within the jurisdiction of the ..... of that section as they apply in relation to a special officer appointed under sub-section (1) of section 72 of the co-operative societies act. 42. section ll9-a, as amended by act 39 of 1971 in the tamil nadu co-operative societies act, 1961, gives us an idea of the power of the registrar to give directions in the public interest etc. it states,119-a ..... dispute shall be referred to the registrar for decision.12. the only way to bring in the dispute between the petitioners on the one hand and the third respondent representing the co-operative society, on the other hand is to read their dispute falling under sub-sec(1) of section 73. the words therein are:dispute touching the constitution of the ..... .inspector, shroff,care-taker, juniortypist and steno-typist.vii. peon, drivers, sub-staff sub-staff.sweepers andscavengers.4. on account of the new scheme sought to be introduced, the third respondent promoted certain upper division clerks/senior assistants as assistant managers ignoring the claims of the petitioners, who were appointed as branch managers and which, according to the special bye .....Tag this Judgment!