Bare ActsThe Bihar Co-operative Societies Act, 1935

Section 546

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Reference to the Registrar is not barred because of the pendency of a civil suit in regard to the same matter or some common matters. Pt. Raghav Jha vs. Registrar, Co-op. Society. 1962 BLJR (Rev.) 62: ILR 41 Pat. 325. Agreement between parties cannot confer jurisdiction where jurisdiction of civil courts is ousted under the Act. Orissa State Co-op. Mty. Federation vs. Association Mktg. Co., AIR 1982 Orissa 1. If the langauge of the statute is clear and unambiguous, it is not open to the Court to put any other interpretation which may violate the phraseology used therein. The width of the expression used in the statute cannot be narrowed down or cut down by courts. Smt. Pratibha Singh vs. State of Bihar, 1988 PLJR 646. Supreme Court will not interfere where refusal of permission by competent Authority to a Co-operative Housing Society to develop its land in accordance with its layout plans is based on relevant and cogent reasons. Kendriya Karamchari Grih Nirman Samiti Ltd. vs. New Okhla Industrial Development Authority, (1988) 1 SCC 63.] 1[CHAPTERVII-A Distraint 57 A. Cases in which application for distraint may be made.-Where any debt or outstanding demand is due to a registered society from any member, past member or estate of deceased member or is due to a registered society which is duly authorised by the Registrar under any of the provisions of sub-section (1) of section 16 of this Act to grant loans to non- members, from any person who is not a member of a registered society or from the estate of such person if he is dead the society may, in addition to any other remedy to which it is entitled by law, present an application to the Registrar requesting him to recover the debt or outstanding demand by distraining, while in the possession of the defaulter. (1) any crops or other products of the earth standing or ungathered on the holding of the defaulter; (2) any crops or other products of the earth which have been grown on the holding of the defaulter and have been reaped or gathered and are deposited on the holding or on a threshing floor or place for treading out grain whether in the fields or within a homestead.

Section 546 – The Bihar Co-operative Societies Act, 1935 | DailyLaw.ai