Judgment Search Results Home > Cases Phrase: banking regulation amendment act 2007 section 4 repeal and saving Court: madhya pradesh Page 1 of about 50 results (0.161 seconds)

M/S Krishna Trading Company Vs. Vyavisayik Evam Audhyogic Sahakari Ban ...

Court : Madhya Pradesh

..... the meaning of banking company . under section 5(c ..... the cooperative banks under the discipline of reserve bank of india and other authorities. a cooperative bank shall be construed as a banking company in terms of section 56 of the act. this is because the various provisions for regulating the banking companies were to be made applicable to cooperative banks also. accordingly, section 56 brought cooperative banks within the machinery of the br act but did not amend or expand .....

Commissioner of Income Tax Vs. Motilal Subhodh Kumar Jain

Court : Madhya Pradesh

Reported in : (2005)197CTR(MP)58; [2005]277ITR524(MP); 2004(3)MPLJ304

..... 'ten' by the direct tax laws (amendment) act, 1987 w.e.f. 1st april, 1989], twenty thousand rupees or more; xxxxxxexplanation.--for the purpose of this section,--(i) 'banking company' means a company to which the banking regulation act, 1949 (10 of 1949), applies and includes any bank or banking institution referred to in section 51 of that act;(ii) 'co-operative bank' shall have the meaning assigned to it ..... in part v of the banking regulation act, 1949 (10 of 1949);(iii) 'loan or deposit' means loan or deposit of money.'11. a bare reading of section 269t prior to the amendment and section .....

Punjab National Bank Vs. Kishanlal Soni and anr.

Court : Madhya Pradesh

Reported in : AIR1997MP27

..... decree of the trial court according to the law obtaining after the amendment. we therefore, hold that amended section 21a of the banking regulation act, 1949 would be applicable at the appellate stage too and the court must pass a decree in accordance with the changed law. ..... in respect of such transaction is excessive.'it appears that this provision was inserted by way of amendment in the banking regulation act, 1949 with effect from 15-2-1984 by section 24 of the banking laws (amendment act) 1983. the notification dated 14-2-1984, for this purpose was issued to the effect in gazette of india extra-ordinary part- ..... the trial court would be compelled to take notice of section 21a of the banking regulation act, 1949, and pass decree accordingly. the result would be incongruous and vagarious if we do not hold that the court was bound to take notice of amendment in law at the time of passing decree at appellate stage and vary the .....

Oriental Bank of Commerce Vs. Devi Prasad Verma and ors.

Court : Madhya Pradesh

Reported in : [1999]95CompCas490(MP); 1996(0)MPLJ155

..... , cannot be reopened and the appellants can be given no relief on that account.'3. section 24 of the banking laws (amendment) act, 1983, inserting section 21a in the banking regulation act, 1949, which came into force on february 15, 1984, is quoted below :'21a. rates of interest charged by banking companies not to be subject to scrutiny by courts.--notwithstanding anything contained in the usurious loans ..... act, 1918 (10 of 1918), or any other law relating to indebtedness in force in any state, a transaction between a banking .....

Deepak Saxena and Etc. Etc. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR2005MP14; 2005(1)MPHT321; 2004(4)MPLJ379

..... lacs. on 31-3-2002 loss was rs. 1829.11 lacs. the aforesaid facts show that for the last 3 years the bank is in accumulated loss. bank has also not followed section 11 of the banking regulation act, 1947 since 31-9-1998. on the aforesaid grounds it has become necessary to nominate a member nominee under section 52(4) ..... ;(iii) deputy/assistant registrar co-operative societies of the district.in this regard a copy of the order by the joint registrar, jabalpur dated 9-1-1989 directing amendment of byelaws and making compulsory to nominate aforesaid persons as directors of the society is placed on record as annexure r-2. it is contended that the collector, ..... of society. by such nomination by byelaws, the right under sub-section (3) has been curtailed which cannot be restrained in such manner by joint registrar directing bank to amend byelaws under section 12. the joint registrar is a deligatee of powers under sub-section (1) of section 52. he cannot do so without getting such authority .....

Siya Ram Sharma Vs. Kendriya Sahakari Bank Maryadit, Bhind and Others

Court : Madhya Pradesh

Reported in : 2001(3)MPHT292

..... ii) of the act defines 'central co-operative bank'. the definition is reproduced below:--'2 (c-ii). 'central co-operative bank' means a resource society registered or deemed to be registered under this act, which is either licensed under the banking regulation act, 1949 (10 of 1949) or permitted by the reserve bank of india to do banking business till so ..... of the code of civil procedure are required to be considered. in order xxxix rule 2 (2), the proviso has been inserted by madhya pradesh state amendment act (no. 29 of 1984) dated 14-8-1984. the proviso is reproduced below:--'provided that no such injunction shall be granted- (a) where no ..... ?9. counsel for the petitioner submitted that the state amendment relates to the affairs of the state including any company or corporation owned and controlled by the state government. it was, therefore, contended that the respondent-bank is constituted under the cooperative societies act, 1960 and is neither the company or corporation. therefore, .....

Hafiz Zakir HussaIn Vs. Akola Janta Commercial Co-operative Bank Ltd.

Court : Madhya Pradesh

Reported in : AIR2008MP193

..... the same is directly on the issue inasmuch as in the said decision it has been clearly held that a co-operative bank is not a bank under the provisions of clause (c) of section 5 of the banking regulations act, 1949.(b) the order passed by the learned single judge is vulnerable inasmuch as he has failed to appreciate the ratio ..... cci) and (ccv) of part v. 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 'cooperative bank' in section 5(cci) and .....

M/S. Samta Construction Vs. Pawan Kumar Sharma and ors.

Court : Madhya Pradesh

Reported in : (1999)155CTR(MP)405

..... public, repayable on demand or otherwise, and with drawable by cheque, draft, order of otherwise.'34. keeping in view the aforesaid definition and the scheme of the provision of banking regulation act, i am afraid the emphasis is absolutely misplaced. the banker cannot take into custody a draft from the possession or control of a person. it is the owner or ..... 170 dated .30-9-75 wherein the department had issued explanatory notes on the provisions coming into force with effect from 1-10-1975. it reads as under :-'the amending act has substituted the existing section 132a by a new section and has renumbered the existing section 132a as section 132b. the new section 132a provides that where any books of ..... at the bar it is necessary to refer to the background under which the section 132a came to be legislated. the aforesaid provision was inserted by taxation law (amendment) act, 1975 (41 of 1975). the purpose of the aforesaid legislation was to fill up the lacuna which had existed prior to the .....

Chhotelal Pannalal Nagar Vs. D.M., Indore and ors.

Court : Madhya Pradesh

Reported in : AIR1978MP191; 1978MPLJ207

..... there was one more vacancy and for both the vacancies, two other directors were elected. on an application being made by the petitioner, the petition was allowed to be amended and the bank was impleaded as respondent no, 16 and respondent no. 17 n. k. mahajan who was elected in one of the vacancies, was also impleaded as respondent no. ..... and normally will not be amenable to a writ jurisdiction of the high court except in cases where according to provisions of the statute or rules or regulations framed under the act by which the society is governed there is a statutory or public duty imposed upon it and enforcement of which is sought. it has been held in ..... of a substantial nature by reason of the contravention of any other provision of this constitution or any provision of any enactment of ordinance or any order, rule, regulation, bye-law or other instrument made thereunder, or for the redress of any injury by reason of any illegality in any proceedings by or before any authority under .....

Samta Construction Co. Vs. Pawan Kumar Sharma, Deputy Director of Inco ...

Court : Madhya Pradesh

Reported in : [2000]244ITR845(MP)

..... , repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise.'39. keeping in view the aforesaid definition and the scheme of the provision of the banking regulation act, i am afraid the emphasis is absolutely misplaced. the banker cannot take into custody a draft from the possession or control of a person. it is the owner or ..... 30, 1975, wherein the department had issued explanatory notes on the provisions coming into force with effect from october 1, 1975. it reads as under (page 14) :'the amending act has substituted the existing section 132a by a new section and has renumbered the existing section 132a as section 132b. the new section 132a provides that where any books of ..... the bar it is necessary to refer to the background under which section 132a came to be legislated. the aforesaid provision was inserted by the taxation laws (amendment) act, 1975 (41 of 1975). the purpose of the aforesaid legislation was to fill up the lacuna which had existed prior to the .....