KANHAIYALAL AND ANOTHER Vs. JOINT REGISTRAR, RAJASTHAN COOPERATIVE SOCIETIES, JODHPUR AND ANOTHER
LAWS(RAJ)-2006-1-169
HIGH COURT OF RAJASTHAN
Decided on January 03,2006

Kanhaiyalal And Another Appellant
VERSUS
Joint Registrar, Rajasthan Cooperative Societies, Jodhpur And Another Respondents

JUDGEMENT

Govind Mathur, J. - (1.) This petition for writ is directed against the order dated 26.8.1993 passed by Joint Registrar, Cooperative Societies, Jodhpur in case No.69/91-92 and against the order dated 11.5.1993 passed by the Joint Registrar, Cooperative Societies, Jodhpur in the same case.
(2.) The facts in brief are that the petitioners No.1 and 2 were served with notices under Section 74 (1) of the Rajasthan Cooperative Societies Act, 1965 (hereinafter referred to as "the Act of 1965") on 30.6.1988. The notice dated 30.6.1988 under Section 74 (1) of the Act of 1965 was given to the petitioner No.1 for certain acts and omissions on his part during the period commencing from 28.5.1974 to 20.2.1982. The notice of same nature dated 30.6.1988 was given to the petitioner No.2 for certain acts and omissions on his part during the period commencing from 7.12.1977 to 20.2.1982. On receiving the notices referred above the petitioners by submitting representation to the Joint Registrar, Cooperative Societies, Jodhpur raised preliminary objection with regard to competence of proceedings under.
(3.) The petitioners contended that the proceedings under Section 74(1) of the Act of 1965 could be initiated within the period of six years from the date of any act or omission referred under Section 74. The objection made by the petitioners was overruled by the Joint Registrar, Cooperative Societies, Jodhpur by the order impugned on the count that under a notification dated 27.3.1991 an amendment was introduced under Section 74 of the Act of 1965 by virtue of it the limitation of six years starts from the date of knowledge and not from the date of the act or omission. Being aggrieved by the orders impugned present petition for writ is preferred by the petitioners.;


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