K.H.Nanadani v. Matara District Cooperative Society Ltd. – CA PRC 146/2004-2016

In the case between K.H. Nanadani (Appellant) and Matara District Cooperative Society Ltd. & Others (Respondents), the court addressed whether the dismissal of the appellant’s appeal by the Registrar of Cooperative Societies, due to failure to deposit 10% of the award sum as per Rule 49(xii)(a) of the Cooperative Society Regulations of 1973, was a mandatory requirement. It was held that the deposit condition was a compulsory procedural prerequisite, and failure to comply required the Registrar to reject the appeal. The principle reaffirmed was that statutory regulations duly approved by Parliament, such as Rule 49(xii), must be strictly observed in appeal proceedings, and courts cannot entertain appeals where such mandatory rule has not been met. The court relied on the established validit

REF: CA PRC 146/2004-2016 Category: Tag:
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