BIHAR STATE COOPERATIVE MKT UNION LIMITED Vs. DINDYALSINGH
LAWS(SC)-1994-8-68
SUPREME COURT OF INDIA
Decided on August 10,1994

Bihar State Cooperative Mkt Union Limited Appellant
VERSUS
Dindyalsingh Respondents

JUDGEMENT

- (1.) On a careful perusal of Section 48 (6 of Bihar and orissa Cooperative Societies Act, 1935, we find that under Section 48 the Registrar may decide a dispute himself or may refer the dispute for adjudication to any other officer in relation to any matter "touching the business of the society". When such other officer to whom the matter is referred decides, an appeal lies under Section 48 (6. That Ss. reads as under : "Any person aggrieved by any decision given in dispute, transferred or referred under clause (b) or (c) of Ss. (2 may, within three months from the date of such decision, appeal to the Registrar. " Therefore, this Ss. clearly postulates the Registrar exercising appellate power. The question before us is, whether it is open to that Registrar to exercise revisional powers under Section 56. That section may be extracted now: "56.The Registrar may on application or of his own motion revise any order passed by a person exercising the powers of a Registrar or by a liquidator under Section 44.
(2.) The revisional power that is contemplated here is obviously one other than the appellate power exercisable under Section 48 (6 otherwise it will lead to anomaly. The Registrar as an appellate authority having decided the matter exercising revisional powers under Section 56 will be incongruous. Subject to the above observations, the appeal is dismissed. No costs.;


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