Judgment Search Results Home > Cases Phrase: banking regulation act 1949 maharashtra schedule the fifth schedule Page 4 of about 1,771 results (0.242 seconds)

Cosmos Co-operative Bank Ltd. Vs. General Federation Maharashtra State ...

Court : Mumbai

Reported in : 2008(6)BomCR877

..... , counsel appearing for both ' sides invited my attention to the legislative changes in relation to the provisions of the bombay industrial relations act, 1946, bombay industrial disputes act, 1938, the banking regulation act, 1949 as well as the industrial disputes act, 1947 including the decisions which were being followed till recently to treat the central government as the appropriate government. ..... the banking regulation act (earlier known as banking companies act) was also brought into force in the year 1949.19. ..... 1965, cooperative societies were not governed by the banking regulation act, however, on account of the amendment made in terms of act no. ..... as co-operative banks having branches in more than one state are not governed by the provisions of bombay industrial relations act after 1949 by virtue of the proviso introduced by the amending act of 1949. ..... get over this position, counsel for the respondents has supported the view taken by the tribunal that the decision of the apex court in the case of bharat bank (supra) will be of no avail to the fact situation of the present case, inasmuch as the notification issued by the central government referring the dispute for adjudication between the parties is in anterior point of time ..... to the respondents, having regard to the legislative scheme applicable in maharashtra, the inevitable conclusion is that the appropriate government in relation to petitioner bank though a multi state co-operative society, would be the central government .....

The Janata Sahakari Bank Ltd. and Another Vs. the State of Maharashtra ...

Court : Mumbai

Reported in : AIR1993Bom252; 1993(2)BomCR615; [1995]82CompCas707(Bom)

..... 1 co-operative bank being a society registered under the maharashtra co-operative societies act was governed as such by the said maharashtra co-operative societies act and the reserve bank of india exercising its powers under the banking regulation act, 1949 could not have issued a circular giving directions and putting restrictions on the disbursement of profits for charitable and public purposes superseding those as prescribed ..... of the state list in the seventh schedule of the constitution and is the state ..... of the union list of the seventh schedule of the constitution ..... the entire co-operative banking activity was brought within the supervisory power of the reserve bank of india under the banking regulation act, 1949 ..... parts of the banking regulation act, 1949 have been excluded from their application to the co-operative banks. ..... 35a of the banking regulation act where the reserve bank is satisfied that in the public interest or in the interest of banking policy or to prevent the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or in a manner prejudicial to the interests of the banking company or to secure the proper management of any banking company generally it is necessary to issue directions to banking companies generally or to any banking company in particular, it may from time to time issue such directions as it deems fit, and the banking companies or the banking company, as the case may be, shall be bound to comply with .....

The Thane Janta Sahakari Bank Vs. Election Commission of India and ors ...

Court : Mumbai

Reported in : 2009(6)BomCR13; 2009(111)BomLR4401; 2010(1)MhLj152

..... the life insurance corporation act xxxi of 1956 and rest of the petitioners, namely cooperative banks who are carrying on their business of banking, have been established under the maharashtra cooperative societies act, 1960 and regulated under the banking regulations act, 1949 as is applicable to the cooperative banks. ..... in so far as the banking operations are concerned, it is undisputed that they are under the regulatory control of the reserve bank of india under the banking regulation act, 1949. ..... is of the chief electoral officer of the state of maharashtra to requisition the staff, he should take into consideration the availability of the staff from the state government and central government and thereafter keeping in mind the guidelines prescribed, may requisition the staff of the institution which are covered under section 159 of the act of 1951 in consultation with the nodal officers of the said institutions keeping in mind the guidelines contained in chapter iii of the handbook of the returning officer and also the judgment of the apex court as has been pointed in the matter of state bank ..... in so far as the cooperative banks are concerned the same are established under a state act, namely, the maharashtra cooperative societies act, 1960 and the state government invariably contributes to the share capital. .....

New Hariyana Dal Mill Through Its Proprietor, Shri Shivcharan S/O Mada ...

Court : Mumbai

..... s case was in view of attempt of a bank to fall within the definition of the banking company , though the status of these cooperative banks is under clause (cci), a multi-state co-operative bank as contemplated by clause (cciii-a) and a primary co-operative bank as contemplated by clause (ccv), all clauses of section 5 of the banking regulation act, 1949, as amended by section 56 of the said b.r. ..... act.hon'ble apex court held that the co-operative bank did not fall in the category of the banking company within the scheme of the banking regulation act, 1949, and the secu. r.f.a & e.s.i. ..... the lordships of apex court had to exert to identify that a co-operative bank did not per se fall in the category of a banking company as connoted and defined in section 5(c) of the banking regulation act, 1949, and hence did not fall within said term which followed under section 2(1)(c)(i) of the secu. r.f.a & e.s.i. ..... thereby a bank , as contemplated by chapter-v of the banking regulation act, 1949, comprehends and covers the bank which is a co-operative society, as governed by the said chapter.12. ..... act, and this class of bank is certainly a co-operative bank under chapter-v of the banking regulation act, 1949.19. ..... [b] the notification is in the nature of a delegated legislation through an executive action, and it results in encroachment upon legislative powers of the state, in view that as per the list-ii of schedule-vii of the constitution, entry no. .....

Bharat Co-operative Bank (Mumbai) Ltd. and Anr. Vs. Co-operative Bank ...

Court : Mumbai

Reported in : 2005(3)BomCR713; [2006(106)FLR85]; (2005)IILLJ1010Bom; 2005(2)MhLj906

..... the appellant bank is in the banking business and is governed by the provisions of the banking regulation act, 1949 (hereinafter referred to as 'the br act'). ..... 769 of 2002 under section 28 read with item 5 of schedule ii and items 3, 5, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'm.r.t.u. ..... subsequently, the appellant bank was registered under the multi-state co-operative societies act, 1984 due to number of branches being outside maharashtra. ..... the appellant bank was originally registered under the maharashtra cooperative societies act, 1960. ..... 1 of 1904, shall apply to such cessor as if this act has been repealed in relation to such industry by a maharashtra act.' 8. .....

The SaThe Biscuits and Chocolates Co. Ltd. and anr. Vs. Bank of Mahara ...

Court : Mumbai

Reported in : AIR2004Bom101; 2004(1)ALLMR394; II(2004)BC459; 2004(3)BomCR735; [2004]122CompCas251(Bom); 2004(2)MhLj892

..... the custodian, : [1997]3scr51 considering the ambit and scope of section 36 read with section 46 of banking regulation act, 1949, the apex court observed that the directives issued by the reserve bank of india are of binding nature and the banks must follow them. ..... thus, where a bank initiates an action under the said act, the guidelines would get attracted and the bank concerned has to proceed with the case keeping in view the guidelines of the reserve bank. ..... 1 bank approached the debt recovery tribunal, pune for recovery of certain dues from the petitioners under the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as 'the act'). ..... in that case, their lordships observed that once directives are issued by the reserve bank of india, all banks are bound by such directives and they have to implement them. ..... it may be stated that according to the learned counsel for the 1st respondent, the guidelines relating to one time settlement had been issued by the reserve bank of india initially on 27th may, 1999, then on 27th july, 2002 and finally on 29th january, 2003. ..... the counsel for the petitioner, at this stage, submitted that the order passed by us may be stayed for some time as the petitioners intend to approach the hon'ble supreme court, it was also stated that public auction is scheduled to be held on 11th dec. ..... 1 bank of maharashtra to decide various applications made by them to respondent no. .....

The Peerless General Finance and Investment Co. Ltd. Vs. Punjab and Si ...

Court : Delhi

Reported in : 2008(1)CTLJ74(Del)

..... learned counsel relied on the provisions of the banking regulation act, 1949 (for short, the banking act) to contend that the reserve bank of india has the power to control advances by banking companies and to give directions. ..... any deficiency or imperfection in the execution of the work there under or for failure by the contractor in the observance and performance of any of the terms and conditions of the said contract in accordance with the true intent and meaning thereof notwithstanding anything to the contrary the decision of the company as to whether any money is refundable by the contractor to the purchaser or whether the contractor has made any such default or defaults as aforesaid and the amount or amounts to which the company is entitled to by reason thereof will be binding on the bank and the bank shall not be entitled ..... dw 1/3 is an internal circular of the rbi addressed to scheduled commercial banks and not published for the general information of the public and, thus, the same cannot affect the validity of the transaction with a third party. 55. in b.o.i. ..... a bank guarantee is a contract distinct from the underlying contract and gives rise to a separate cause of action [state of maharashtra case (supra)].70. .....

The First Custodian Fund (India) Limited, Vs. the Nedungadi Bank Limit ...

Court : Mumbai

Reported in : 2007(6)MhLj295

..... gupte submitted that as per the banking regulation act, 1949, a branch of a bank functions as an independent entity in respect of the banking business. ..... face value and accepted in their entirety do not prima facie constitute any offence, where the proceedings are manifestly attended with mala fides, where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution or continuance of the proceedings, the extra-ordinary power under article 226 or the inherent power under section 482 of the code for quashing the fir or criminal proceedings initiated against a person can be exercised. ..... observed that two clauses of article 226 of the constitution on plain reading give clear indication that the high court can exercise power to issue direction, order or writs for the enforcement of any of the fundamental rights conferred by part iii of the constitution or for any other purpose if the cause of action wholly or in part had arisen within the territories in relation to which it exercises jurisdiction notwithstanding that the seat of the government or authority or the residence of the person against whom the direction, order or writ is issued is ..... the scrutiny report and the complaints filed pursuant thereto reveal that the rbi had permitted scheduled banks like the complainant to invest in securities within stipulated limits. ..... state of maharashtra and ors. ..... state of maharashtra and ors. .....

Hindustan Lever and anr. Vs. State of Maharashtra and anr.

Court : Supreme Court of India

Reported in : AIR2004SC326; 2004(5)ALLMR(SC)407; [2003]117CompCas758(SC); (2004)1CompLJ148(SC); JT2003(9)SC67; (2004)9SCC438; 2004(1)LC725(SC)

..... maharashtra tax laws (levy, amendment and validation) act, 1997 was enacted whereby in article 25 of the schedule i of the bombay stamp act 1958 clause (da) and explanation iii were added with retrospective effect prescribing the rates at which the duty was to be calculated and levied. ..... list i of the constitution which empowers the union to make laws re: incorporation, regulation winding up of trading corporation including banks insurances and finance corporations but not including corporative societies. ..... ' list i entry 43: 'incorporation, regulation winding up of trading corporation including banks insurances and finance corporations but not including corporative societies. ..... the bombay stamp act does not provide for any legislation with regard to incorporation, regulation and winding up of corporations. ..... ' list i entry 44:'incorporation, regulation and winding up of corporations, whether trading or not with object not confined to one state but not including universities. .....

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530

..... an 'existing bank' was denned by section 2(b) as meaning 'a banking company specified in column 1 of the first schedule, being a company the deposits of which, as shown in the return as on the last friday of june, 1969, furnished to the reserve bank under section 27 of the banking regulation act, 1949, were not less than rupees fifty crores'. ..... reference may be made to schedule vi of the companies act which refers to goodwill under fixed assets but the banking regulation act, 1949 does not contain goodwill under property and assets.226. ..... the rate works out at more than 10% in the case of the shares of bank of baroda, central bank of india, dena bank, indian bank, united bank and united commercial bank; and at more than 9% in the case of shares of bank of india, bank of maharashtra, canara bank, indian bank, indian overseas bank and united bank of india. ..... fifthly, there are provisions that suits, appeals, or other proceedings pending by or against the existing bank be continued, prosecuted and enforced by or against the corresponding new bank.148. ..... first, no time limit was mentioned with regard to payment of compensation in section 6(1); secondly, section 6(6) was an unreasonable restriction; thirdly, the four disputed businesses are not subject matter of acquisition for public purpose; fourthly, debentures cannot be subject matter of acquisition; fifthly, currency notes, cash, coins cannot be subject matter of acquisition. .....