Upgrad LLM

chairman of co-operative society is liable for dishonour che


 

Chairman of co-operative society is liable for dishonour cheque issued by him

 



Section 2(20) of the Maharashtra Cooperative 
Societies   Act,   1960,   in   fact,   embrace   in   its   sweep 
term   `officer'   to   mean   and   include,   ­   a   person 
ig
elected   or   appointed   by   a   society   to   any   office   of 
such society according to its by­laws; and includes a 
chairman,   vice­chairman,   president,   vice­president, 
managing   director,   manager,   secretary,   treasurer, 
member of the committee, and any other person elected 
or   appointed   under   this   Act,   the   rules   or   the   by­
laws, to give directions in regard to the business of 
such  society.    In the light  of this  definition,  the 
status  of the applicant,  vis­a­vis,  Vyankat  society, 
is primarily indicated.  The applicant is vicariously 
liable   to   affairs   of   company   as   he   was   at   the 
material   time   responsible   to   the   affairs   of   society 
as a Chairman and he was drawer of the cheque.   Any 
subsequent   change   in   status   will   not   be   detrimental 
to the complainant.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
Ritesh s/o Deoram Patil

      VERSUS


Dhanvantari Urban Co.op.
 Credit Society Ltd.,

22nd JANUARY,2013.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x