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Are judgments in co-op court appealable to the High Court?

Yes, judgments in co-op court are appealable to the High Court.

Yes, judgments in co-op court are appealable to the High Court.

Written By: GatePal Analyst

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Short Answer

Yes, judgments in co-op court are appealable to the High Court.

Detailed Explanation

Section 151 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to decide disputes between cooperative societies or their members. If any party is aggrieved by the decision of the Registrar or any other officer, they can appeal to the Co-operative Court under Section 152 of the Act. The Co-operative Court has the authority to hear and decide such appeals.

Furthermore, Rule 163 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing an appeal before the Co-operative Court. The rule specifies the time limit within which an appeal must be filed, the documents required, and the process to be followed during the appeal proceedings.

In practice, if a party is dissatisfied with the decision of the Co-operative Court, they have the right to further appeal to the High Court. This allows for a higher judicial review of the case and ensures that justice is served at all levels of the legal system.

Real-world Scenarios

  • Scenario 1: A cooperative society disputes the decision of the Registrar regarding membership issues. They file an appeal before the Co-operative Court under Section 152 of the Act.

  • Scenario 2: The Co-operative Court gives a judgment unfavorable to a member of a cooperative society. The member decides to challenge this decision by appealing to the High Court for a fair review.

Overall, the appeal process from the Co-operative Court to the High Court provides a mechanism for parties to seek redressal of grievances and ensures a fair and just resolution of disputes within the cooperative sector.

References

  • Section 151 of the Gujarat Cooperative Societies Act, 1961: Official PDF

  • Section 152 of the Gujarat Cooperative Societies Act, 1961: Official PDF

  • Rule 163 of the Gujarat Cooperative Societies Rules, 1965: Official PDF

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