Bare ActsThe Bihar Co-operative Societies Act, 1935

Section 776

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A dispute between the parties as to the manner or enforcement of payment (a certificate having been obtained under the Public Demands Recovery Act for enforcing an award made by Registrar) is a dispute touching the business affairs of a society. AIR 1942 Pat. 148: 22 Pat. LT 947: 8 BR 172: 197 IC 115. The liquidator is empowered under section 43 (3) to take proceedings to execute an award issued by the Registrar against a member of the Co-operative Society in liquidation. If the member is aggrieved by the liquidator's action, he may apply to the Registrar to interfere with the liquidator's act under section 56 or to grant leave for the institution of the suit under section 57 (2) of this Act. A suit by him against liquidator is not maintainable in the absence of Registrar's sanction for its institution. AIR 1941 Pat. 428: 1941 PWN 373: 7 BR 585: 193 IC 142. Pending an appeal from a decree in a suit against a Co-operative Bank, the Secs. 57A-57B ] Bihar Co-operative Societies Act, 1935 [71 Bank went into liquidation. The liquidator was made a party respondent on the application of the applicant who also applied to the Registrar for leave to proceed with the appeal under section 57 (2), but received no such leave. It was held that the appeal was not maintainable and was therefore liable to be dismissed. 1944 PWN 172. A wrong decision on a question of limitation may not amount to a defect of jurisdiction under section 57 (3), but an order determining a liability after expiry of the period provided by law, is an order without jurisdiction and therefore can be declared void and ignored. 10 BR

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