BEAWAR HATH KARGHA VASTRA UTPPADAK SAHAKARI SAMITI LTD Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1962-3-14
HIGH COURT OF RAJASTHAN
Decided on March 27,1962

BEAWAR HATH KARGHA VASTRA UTPPADAK SAHAKARI SAMITI LTD Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) THIS is an appeal against the judgment of the Asstt. Registrar, Co-Operative Societies, Ajmer, dated 27. 3. 61, by which the application for registration of the appellant society has been rejected.
(2.) A preliminary objection has been taken against the maintainability of this appeal on the ground of limitation. This, however, cannot be upheld, for the order was communicated to the appellant through the Inspector concerned only on 29. 3. 61 and this appeal has been preferred on 29. 5. 61, that is, within two months from the date of communication within which period such an appeal can be filed under Sec. 75 of the Rajasthan Co-Operative Societies Act, 1953 (hereinafter referred to as the Act ). Yet another preliminary objection has been raised that the Memorandum of appeal is not accompanied by a certified copy of the impugned order as laid down in Rule 44 of the Rules made under the Act. This is an objection which must prevail. The contention of the learned counsel for the appellant that since the Rule does not lay down specifically that a " certified copy " should accompany such a Memorandum, any copy furnished should meet the requirements is not tenable. The expression "copy" employed in this Rule cannot but mean a "certified copy". As the memorandum of appeal has been submitted without an acceptable copy of the impugned order as discussed above, this appeal cannot be deemed to have been properly presented and deserves to be dismissed as such, as conceded by the learned counsel for the appellant himself. This appeal is, therefore, hereby rejected. .;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.