https://www.taxtmi.com/caselaws?id=185071 A special surcharge remedy under section 40 of the Bihar and Orissa Co-operative Societies Act, 1935 did not by itself exclude the broader dispute jurisdiction under section 48. A society's claim against a past officer fell within section 48(1)(c), so both remedies could coexist subject to the statute, and section 48 remained available where its own conditions were met. The six-year limitation in the second proviso to section 40 was confined to section 40 proceedings and could not be applied to a reference under section 48. The Supreme Court therefore set aside the High Court's view that section 48 was unavailable and remitted the writ petition for reconsideration of the remaining issues. en-us Tue, 18 Aug 1992 00:00:00 +0530 Fri, 29 Jul 2016 17:37:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185071 A special surcharge remedy under section 40 of the Bihar and Orissa Co-operative Societies Act, 1935 did not by itself exclude the broader dispute jurisdiction under section 48. A society's claim against a past officer fell within section 48(1)(c), so both remedies could coexist subject to the statute, and section 48 remained available where its own conditions were met. The six-year limitation in the second proviso to section 40 was confined to section 40 proceedings and could not be applied to a reference under section 48. The Supreme Court therefore set aside the High Court's view that section 48 was unavailable and remitted the writ petition for reconsideration of the remaining issues. Case-Laws Indian Laws Tue, 18 Aug 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185071