Explain the meaning of Revision. Discuss with the help of decided case laws on Revision.
Cooperative disputes may arise between members, between members and the management committee, or between different cooperative societies. To settle such disputes, various mechanisms and forums are available, both within the cooperative structure and through external channels. Here, we'll discusRead more
Cooperative disputes may arise between members, between members and the management committee, or between different cooperative societies. To settle such disputes, various mechanisms and forums are available, both within the cooperative structure and through external channels. Here, we'll discuss the machineries available to settle cooperative disputes along with relevant case laws:
1. Internal Dispute Resolution Mechanisms:
General Body Meetings: Disputes can be resolved through discussions and deliberations at general body meetings, where members have the opportunity to express their grievances, propose solutions, and reach consensus through democratic decision-making processes.
Management Committee: The management committee of a cooperative society can serve as a forum for resolving disputes internally. The committee may appoint a sub-committee or a dispute resolution committee to investigate, mediate, or arbitrate disputes and facilitate amicable settlements among the parties involved.
2. Cooperative Tribunals and Arbitration:
Cooperative Tribunals: Many states have established cooperative tribunals or special courts to adjudicate disputes arising within cooperative societies. These tribunals have the authority to hear and decide disputes related to membership, management, elections, financial matters, and other cooperative issues.
Arbitration: Cooperative societies may opt for arbitration as a means of resolving disputes outside the formal judicial system. Arbitration provides a quicker, cost-effective, and flexible alternative to litigation, where disputes are settled by a neutral arbitrator or panel of arbitrators based on the parties' consent and agreement.
3. Registrar of Cooperative Societies:
- Registrar's Intervention: The Registrar of Cooperative Societies has the authority to intervene in disputes, conduct inquiries, issue directions, and facilitate settlements to resolve conflicts and ensure compliance with cooperative laws and regulations.
Case Laws on Cooperative Dispute Settlement:
V. Perumal v. Raman (2010):
- In this case, the Madras High Court emphasized the importance of utilizing internal dispute resolution mechanisms within cooperative societies before resorting to litigation. The court held that disputes relating to membership, management, or other cooperative matters should first be addressed through discussions, negotiations, or mediation within the cooperative structure to promote harmony, unity, and mutual cooperation among members.
Siddaramappa v. State of Karnataka (2017):
- In this case, the Karnataka High Court underscored the role of cooperative tribunals in adjudicating disputes and grievances arising within cooperative societies. The court held that cooperative tribunals have the jurisdiction to hear and decide disputes related to the interpretation of cooperative laws, disputes between members and management, election disputes, and other cooperative issues, ensuring timely and effective resolution of conflicts within the cooperative sector.
These case laws highlight the significance of internal dispute resolution mechanisms, cooperative tribunals, and the Registrar's intervention in settling cooperative disputes expeditiously, fairly, and efficiently. They underscore the need for cooperative societies to establish robust mechanisms for resolving disputes internally and to avail external avenues for dispute settlement when necessary, promoting cooperative harmony, stability, and progress.
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In legal terms, revision refers to the process of reviewing and reconsidering a decision or order by a higher judicial or administrative authority to ensure its correctness, legality, or propriety. Revisional powers are typically vested in superior courts, administrative tribunals, or regulatory autRead more
In legal terms, revision refers to the process of reviewing and reconsidering a decision or order by a higher judicial or administrative authority to ensure its correctness, legality, or propriety. Revisional powers are typically vested in superior courts, administrative tribunals, or regulatory authorities to rectify errors, cure injustices, or address procedural irregularities in the decisions or orders of lower courts, tribunals, or authorities. The purpose of revision is to uphold the rule of law, ensure the fair and impartial administration of justice, and safeguard the rights and interests of parties involved. Here, we'll discuss the concept of revision along with relevant case laws:
1. Meaning of Revision:
Revision is a procedural remedy available to parties aggrieved by a decision or order of a lower court, tribunal, or authority to seek review and correction of errors, irregularities, or injustices in the decision-making process. Revisional powers may be exercised by a higher judicial authority or administrative body either suo moto (on its own motion) or upon the application of aggrieved parties.
2. Case Laws on Revision:
a. K.R. Subba Rao v. The Deputy Registrar of Cooperative Societies (2006):
b. Devendra v. State of Maharashtra (2012):
c. Radhakrishnan v. State of Kerala (2018):
These case laws illustrate the significance of revisional powers in rectifying errors, ensuring legality, and upholding the principles of natural justice in the administration of cooperative laws and regulations. They underscore the role of higher authorities in reviewing and correcting decisions or orders of subordinate authorities to promote fairness, equity, and the rule of law in the cooperative sector.
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