AIR 1993 KARNATAKA 20 ::(1992) ILR (Kant) 3587 ::(1993) 1 BankCLR 107 ::1993 (1) CurCC 377 ::1993 (78) Com Cas 132 ::(1993) 1 CurLJ(CCR) 420

Karnataka High Court

Hon'ble Judge(s): K. A. Swami, S. A. Hakeem, P. K. Shyamsundar , JJJ

(A) Karnataka Co-operative Societies Act (11 of 1959) , S.125— Suit against Co-operative Society and/or its officers - Notice - Any 'act' complained of and referred to in Section - Refers to both, Society and its Officers - Such 'act' not related to Constitution, management or business of Society - Issuance of notice is not mandatory. Civil P.C. (5 of 1908) , S.80— 1961 Mys LJ 397 and Decision in R.F.A. No. 65 of 1969, D/- 5-7-91 held no longer good law.Co-operative Societies - Suit against - Notice - When mandatory. Notice under Sec. 125 prior to institution of suit by aggrieved person who complains of any act done by Society or an official of Society is mandatory, where the act in question is with reference to the society. Such notice is also necessary if the 'act' in question is with reference to an officer of the society and the 'act' or 'omission' complained of relates to the constitution, management or business of the Society. Notice is also mandatory where the 'act' in question covers both the society and the officer. @page-Kant21 (B) Karnataka Co-operative Societies Act (11 of 1959) , S.125— Suit against Co-operative Society, and/or its officers - Expression 'act' or 'omission' referred to in Section - Refers not only to illegal omissions but also to omissions ....