Short Answer

In cooperative court proceedings, evidence is gathered through witness testimonies and documents. Witnesses can be summoned to testify through a subpoena.

Detailed Explanation

Section 70 of the Gujarat Cooperative Societies Act, 1961 empowers the cooperative court to summon and enforce the attendance of witnesses and compel them to produce documents. This means that witnesses can be legally required to appear before the court and provide testimony or present relevant documents. In practice, this provision allows parties involved in cooperative disputes to present evidence through witness statements and documentary proof to support their claims or defenses.

For example, in a case where a cooperative society member is challenging a decision taken by the society's board, witness testimonies from other members or officials involved in the decision-making process can be crucial evidence. Similarly, documents such as meeting minutes, financial records, or correspondence can be submitted as evidence to support or refute the claims made by the parties.

The process of subpoenaing witnesses in cooperative court proceedings typically involves filing a request with the court specifying the names of the witnesses to be summoned and the relevant documents to be produced. The court then issues a formal subpoena, which legally compels the witnesses to appear on the specified date and time to give their testimony or submit the requested documents.

In another scenario, if a cooperative society member is alleging financial mismanagement by the society's management committee, witness testimonies from accountants, auditors, or relevant officials can provide crucial evidence to support the allegations. By utilizing the provision for summoning witnesses under Section 70 of the Act, parties can ensure a fair and transparent adjudication process in cooperative court proceedings.

Reference

• Section 70 of the Gujarat Cooperative Societies Act, 1961: Official PDF