Section 14 and 21 of the Co-operative Society Act- 2001: Our considered view upon perusal of the সমবায় সমিতি Ain is that although Section 14 contemplates that all সমবায় সমিতি shall be a body corporate having independent entity, however Section 21 clearly contemplate that the class of সমবায় সমিতি may be distinguished. .....Mesbaul Alam & ors Vs. Bangladesh & ors, (Spl. Original) 19 SCOB [2024] HCD 14 ....View Full Judgment

Our considered view upon examining all the materials on records before us which includes the documents derived from the government website which include the list of government owned company, it clearly shows the inclusion of the respondent’s organization inter alia other factors. We are of the considered finding that Milk Vita is a public body and not a private entity. .....Mesbaul Alam & ors Vs. Bangladesh & ors, (Spl. Original) 19 SCOB [2024] HCD 14 ....View Full Judgment

The class of সমবায় সমিতি envisaged under Section 21 therefore contemplate that the government shall appoint their first class officers on deputation in those organizations. It is clear that Section 14 of the Co-operative Society Act-2001 does not contemplate that all সমবায় সমিতি shall be private bodies if the governments interest is involved in such সমবায় সমিতি. Therefore by no stretch of imagination can it be assumed that Milk Vita Limited which is a limited company owned by the government can fall into the category of a ‘private body’. We are of the considered opinion that the instant সমবায় সমিতি is a public body owned by the Government and does not fall within the category of a private entity. .....Mesbaul Alam & ors Vs. Bangladesh & ors, (Spl. Original) 19 SCOB [2024] HCD 14 ....View Full Judgment

Suspension of Elected Managing Committee without any show cause notice is illegal-
Suspension of the elected Managing Committee of the Cooperative Society without affording any opportunity of hearing being violative of the principle of natural justice is held by the apex court illegal and the constitution of the Ad-hoc Committee of no legal effect. S.M. Delwar Hossain and others Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Cooperatives and others MLR (2009) (AD) 34.