Judgment Search Results Home > Cases Phrase: banking regulation act 1949 maharashtra section 6 forms of business in which banking companies may engage Page 2 of about 702 results (0.284 seconds)

Rupee Co-operative Bank Limited Vs. Shri Shailesh V. Vaidya,

Court : Mumbai

Reported in : 2007(6)ALLMR878; 2007(6)BomCR265; (2007)109BOMLR2229; (2008)ILLJ351Bom; 2008(2)MhLj434

..... a registered bank under the banking regulations act and also under the provisions of the maharashtra cooperative societies act. ..... however, the industrial court while exercising appellate powers under section 84 of the bir act can always review the entire evidence on record, reassess the same and draw its own conclusions in ..... the appeal under section 84 of the bir act is maintainable, both on questions of fact and law and therefore industrial court could accept the evidence which appealed to it in preference to the view taken by ..... that a form is required to be filled by the depositor after which a deposit by cash or by cheque is accepted by the bank. ..... section 42 of the bir act to the petitioner bank ..... it is true that the labour court while exercising its powers under section 78 has to consider the preponderance of probabilities and need not substitute its subjective opinion in place of the one arrived at by domestic ..... if the normal procedure of the bank was that a fixed deposit form must be filled for opening an account, there is no explanation as to why that procedure was not adopted on 10.12.1993 when jadhav allegedly wanted to open the ..... jadhav, that the amount was to be invested in a fixed deposit, has not been believed as a fixed deposit form for investing the amount was not filled in by jadhav, contemporaneously. ..... the industrial court has concluded that while the respondent workman may not be guilty of the misconduct of misappropriation, he was guilty of negligence with regard to the .....

Pralhad Vithalrao Pawar Vs. Managing Director and Another

Court : Mumbai

Reported in : 1998(4)ALLMR636; 1999(1)BomCR840; 1998(3)MhLj214

..... thus :'a co-operative society, registered under the maharashtra cooperative societies act, 1960 and under the multi-state cooperative societies act, 1984 which carries on the business of banking and is therefore, governed by the banking regulations act, 1949, does not thereby fall within the expression ..... neither government public servants nor 'workman', 'employee', as defined under the industrial disputes act or bombay industrial relations act, and therefore, remedy, if any, available to the petitioner is to move the co-operative court by filing a dispute under section 91(1) of the co-operative societies act, and claim the relief for damages for wrongful termination of services or for the declaration ..... the co-operative societies act, though governed by its bye-laws duly approved by an authority created under the co-operative societies act, is not a statutory authority and a co-operative society would stand on the same footing as a company which is governed by its articles of association and memorandum of association, as are framed by following the provisions of the companies act, 1956. ..... on through and with the help of the employees of the society, it may not be even touching the business of the society, but employing persons is necessarily a part of the management of the society and therefore, when a dispute involves a claim which could be granted by an authority under the co-operative societies act, that dispute must be held to be touching the management of the co-operative .....

Ganesh Bank of Kurundwad Ltd. and ors. Vs. Union of India (Uoi) Throug ...

Court : Mumbai

Reported in : 2006(4)BomCR60; [2006]131CompCas614(Bom)

..... hence this application for imposing moratorium under sub-section (1) of section 45 of the banking regulation act, 1949 in respect of the ganesh bank of kurundwad ltd. ..... he drew our attention to section 11(3)(i) of the act which provides that if a banking company has places of its business in more than one state, it is required to have the aggregate value of its paid-up capital and reserves at not less than rs.5 lakhs ..... that ( a) in the public interest; or (b) in the interests of the depositors; or (c) in order to secure the proper management of the banking company; or (d) in the interests of the banking system of the country as a whole, it is necessary so to do, the reserve bank may prepare a scheme(i) for the reconstruction of the banking company, or (ii) for the amalgamation of the banking company with any other banking institution (in this section referred to as 'the transferee bank').5) the scheme aforesaid may contain provisions for all or any of the following matters, namely:-(a) the constitution, name and registered office ..... had to obtain the clearance from the central registrar of co-operatives and also the registrar of co-operative societies, maharashtra, which was apart from the clearance of rbi. ..... was however pointed out that the bank has consistently increased its capital and it stood at rs.2.95 crores by 5th january 2006 which included rs.1.13 crore in the form of share application money. ..... in the circumstances, rbi had formed a value judgment as to what recourse it should .....

ishwardas Premkumar Choradiya and anr. Vs. State of Maharashtra and or ...

Court : Mumbai

Reported in : 2002(2)ALLMR892; 2002(4)BomCR1; (2002)3BOMLR557; 2002(2)MhLj844

..... inspection can be carried out under section 35 of the banking regulation act, 1949. ..... the division bench of this court, after considering the provisions of sub-section (3) of section 110a of the maharashtra co-operative societies act, has held that the reserve bank of india can issue directions only when the situation contemplated by section 110a of the act exists. ..... under section 110a of the maharashtra co-operative societies act, 1960, notwithstanding anything contained in the act in the case of an insured cooperative bank if an order for winding up, or an order sanctioning a scheme of compromise, or arrangement, or amalgamation, or reconstruction (including division or reorganization) of a bank may be made only with the previous sanction in writing of the reserve bank of india, such an order can be made in the public interest, or for preventing the affairs of the bank being conducted in a manner detrimental to the interests of the depositors, or for securing the proper ..... public interest, therefore, requires that the statutory institutions, like the reserve bank of india which oversees the functioning of such banks, are empowered where public interest requires to issue direction to the registrar. ..... state of karnataka, air 7997 sc 1117; associated cement companies ltd. v. .....

Shaikh Gulab Shaikh Ahmed Vs. Mr. Birendra Kumar

Court : Mumbai

..... statues and entries 43, 44 and 45 of list i and entry 32 of list ii of the seventh schedule of the constitution, we answer the reference as under : "cooperative banks" established under the maharashtra cooperative societies act, 1960 (the mcs act, 1960), the andhra pradesh cooperative societies act, 1964 (the apcs act, 1964), and the multi-state cooperative societies act, 2002 (the mscs act, 2002) transacting the business of banking, do not fall within the meaning of "banking company" as defined in section 5(c) of the banking regulation act, 1949 (the br act). ..... sold; (b) the revenue, if any, assessed upon the property or any part thereof; (c) the amount for the recovery of which the sale is ordered; (cc) the reserve price, if any, below which the property may not be sold; and (d) any other thing which the tax recovery officer considers it material for a purchaser to know, in order to judge the nature and value of the property ..... made, if the defaulter can satisfy the tax recovery officer that there is reason to believe that the amount of the certificate may be raised by the mortgage or lease or private sale of such property, or some part thereof, or of any other immovable property of the defaulter, the tax recovery officer may, on his application, postpone the sale of the property comprised in the order for sale, on such terms and for ..... the tax recovery officer may direct that any immovable property which has been attached, or such portion thereof as may seem necessary to satisfy .....

Smt.Bharati Dhuper Vs. the Branch Manager, Urban Co-operative Bank Ltd ...

Court : Orissa

..... shall have the meaning assigned to it in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949). 11. ..... section 5 of the banking regulation act, 1949 ( br act . ..... as defined in section 5 (c) of the banking regulation act, 1949 [br act].. ..... the parliament has thus consistently made the meaning of banking company clear beyond doubt to mean a company engaged in banking, and not a co-operative society engaged in banking and in act no.23 of 1965, while amending the br act, it did not change the definition in section 5 (c) or even in 5(d) to include co-operative banks; on the other hand, it added a separate definition of co- 8 operative bank in section 5 (cci) and primary cooperative bank in section 5 (ccv) of section 56 of part v of the br act. ..... means (i) a banking company; or (ii) corresponding new bank; or (iii)the state bank of india; or (iv) a subsidiary bank; or 10 (v) such other bank which the central government may, by notification, specify for the purposes of this act. . ..... transacting the business of banking, do not fall within the meaning of banking company . ..... in other words hon ble apex court in the aforesaid case was dealing with the question whether debts due to the co-operative banks constituted under the co-operative societies act of the maharashtra and andhra pradesh could be covered under the provisions of the rdb act. ..... means any company, which transacts the business of banking in india; thirdly, section 56 (c) does define co-operative bank . .....

Shri Pravat Bhusan Kanungo Vs. Urban Co-operative Bank Ltd. and Two or ...

Court : Orissa

..... shall have the meaning assigned to it in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949). 11. ..... section 5 of the banking regulation act, 1949 ( br act . ..... as defined in section 5 (c) of the banking regulation act, 1949 [br act].. ..... the parliament has thus consistently made the meaning of banking company clear beyond doubt to mean a company engaged in banking, and not a co-operative society engaged in banking and in act no.23 of 1965, while amending the br act, it did not change the definition in section 5 (c) or even in 5(d) to include co-operative banks; on the other hand, it added a separate definition of co- 8 operative bank in section 5 (cci) and primary cooperative bank in section 5 (ccv) of section 56 of part v of the br act. ..... means (i) a banking company; or (ii) corresponding new bank; or (iii)the state bank of india; or (iv) a subsidiary bank; or 10 (v) such other bank which the central government may, by notification, specify for the purposes of this act. . ..... transacting the business of banking, do not fall within the meaning of banking company . ..... in other words hon ble apex court in the aforesaid case was dealing with the question whether debts due to the co-operative banks constituted under the co-operative societies act of the maharashtra and andhra pradesh could be covered under the provisions of the rdb act. ..... means any company, which transacts the business of banking in india; thirdly, section 56 (c) does define co-operative bank . .....

Chittaranjan Bhuyan Vs. the Urban Co-operative Bank Ltd., Cuttack and ...

Court : Orissa

..... shall have the meaning assigned to it in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949). 11. ..... section 5 of the banking regulation act, 1949 ( br act . ..... as defined in section 5 (c) of the banking regulation act, 1949 [br act].. ..... the parliament has thus consistently made the meaning of banking company clear beyond doubt to mean a company engaged in banking, and not a co-operative society engaged in banking and in act no.23 of 1965, while amending the br act, it did not change the definition in section 5 (c) or even in 5(d) to include co-operative banks; on the other hand, it added a separate definition of co- 8 operative bank in section 5 (cci) and primary cooperative bank in section 5 (ccv) of section 56 of part v of the br act. ..... means (i) a banking company; or (ii) corresponding new bank; or (iii)the state bank of india; or (iv) a subsidiary bank; or 10 (v) such other bank which the central government may, by notification, specify for the purposes of this act. . ..... transacting the business of banking, do not fall within the meaning of banking company . ..... in other words hon ble apex court in the aforesaid case was dealing with the question whether debts due to the co-operative banks constituted under the co-operative societies act of the maharashtra and andhra pradesh could be covered under the provisions of the rdb act. ..... means any company, which transacts the business of banking in india; thirdly, section 56 (c) does define co-operative bank . .....

Sri Gyanendra Nath Das Vs. State of Odisha and Two Others

Court : Orissa

..... shall have the meaning assigned to it in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949). 11. ..... section 5 of the banking regulation act, 1949 ( br act . ..... as defined in section 5 (c) of the banking regulation act, 1949 [br act].. ..... the parliament has thus consistently made the meaning of banking company clear beyond doubt to mean a company engaged in banking, and not a co-operative society engaged in banking and in act no.23 of 1965, while amending the br act, it did not change the definition in section 5 (c) or even in 5(d) to include co-operative banks; on the other hand, it added a separate definition of co- 8 operative bank in section 5 (cci) and primary cooperative bank in section 5 (ccv) of section 56 of part v of the br act. ..... means (i) a banking company; or (ii) corresponding new bank; or (iii)the state bank of india; or (iv) a subsidiary bank; or 10 (v) such other bank which the central government may, by notification, specify for the purposes of this act. . ..... transacting the business of banking, do not fall within the meaning of banking company . ..... in other words hon ble apex court in the aforesaid case was dealing with the question whether debts due to the co-operative banks constituted under the co-operative societies act of the maharashtra and andhra pradesh could be covered under the provisions of the rdb act. ..... means any company, which transacts the business of banking in india; thirdly, section 56 (c) does define co-operative bank . .....

Nannapaneni Venkata Rao Co-operative Sugars Limited Vs. State Bank of ...

Court : Andhra Pradesh

Reported in : 2003(6)ALD307; 2003(6)ALT199; II(2004)BC512; [2004]118CompCas707(AP); [2004]51SCL754(AP)

..... object of the banking regulation act, 1949 is to consolidate and amend the law relating to banking and thereunder provision is made for the regulation and control by the reserve bank of india of the carrying on of the business of banking by banking companies including the rates of interest on advances by banks. ..... the generality of the power vested in the reserve bank under sub-section (1), the reserve bank may give directions to banking companies, either generally or to any banking company or group of banking companies in particular, as to- (a) the purposes for which advances may or may not be made, (b) the margins to be maintained in respect of secured advances, (c) the maximum amount of advances or other financial accommodation which, having regard to the paid-up capital, reserves and deposits of a banking company and other relevant considerations, may be made by that banking company to any one company, firm, association of persons or individual, (d) the ..... counsel relies on the decision of the bombay high court reported in bank of maharashtra v. ..... supply of suitable number of additional application forms will be arranged to meet your ..... also handed over to him 100 application forms for your use. ..... the application forms duly completed in all respects should be submitted to us in duplicate along with (a) title deeds of the collateral offered; (b) encumbrance certificate for a period of 12 years immediately preceding the application; (c) three passport size photographs of the applicant .....