Supreme Court · 1996 INSC 1435 · Decided 4 December 1996

The Recovery Officer, Lakhimpur and ORS. v. SMT. Ravindra Kaur and ORS.

Court
Supreme Court of India
Citation
1996 INSC 1435 · [1996] SUPP. 9 S.C.R. 529
Case number
CIVIL APPEAL No. 3238/1979
Decided
4 December 1996
Bench
N.P. SINGH, S.B. MAJMUDAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

B U.P. Co-operative Societies Act, 1965 : Sections 39 and 91-lnterpretation of-Proviso to Section 39-Ap- ~~ ~ c Co-operative Society-Members-Loan obtained from Society for seeds and manure-Default-Recovery proceedings initiated for enforcing the statutory charge under Section 39(a) read with 91 against their lands were illegal as their lands were not subject matter of any charge under Section D 39---High Court quashed the recovery proceedings holding that sale of the lands belonging to the members could not be effected unless the concemed societies obtained decrees of cowt of

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