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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT267
..... issue, which therefore crops up for consideration in the present appeal is whether the family court was justified in declining the claim of the appellant to operate the bank a/cs on the ground that it has no jurisdiction to grant the permission to operate the said a/c.4. before we advert upon the aforesaid issue ..... the time being in force or in any instrument having effect by virtue of any law other than this act.6. the mental health act, 1987 (hereinafter referred to as 'the act of 1987') was enacted to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to ..... however, the exercise of such power would be subject to the provisions contained in the mental health act, 1987. we accordingly allow the appeal with a direction to the court below to issue appropriate orders keeping in view the provisions contained in mental health act, 1987 in favour of the appellant in respect of regulation of bank account of v. raghawan. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(2)MPHT242; 2008(1)MPLJ320
..... for compassionate appointment was rejected and the supreme court has held that the high court was perfectly justified in muingmandamus to the appellant-bank once the main defence of the appellant was found to be unsustainable. in the case of state of bihar v. dr. braj kumar mishra and ors. reported in ..... therefore, the order passed by learned writ court is justified. learned counsel for the respondent also placed reliance on a decision of the supreme court in the case of indian bank v. k. usha and anr. reported in : [1998]1scr358 , in which it was held that in the background of this fact that the name of the respondent ..... regulation, it is clear that if a person is not otherwise found unsuitable for promotion, he can be granted out of turn promotion if he was involved in anti-dacoit operations. therefore, there is no dispute that in the aforesaid encounter which was held on 1-12-2002. respondent-mahendra kumar mishra took an active part and acted .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007CriLJ3539
..... bhagwandas madhavdas under section 8(2) of the foreign exchange regulation act read with section 23b thereof read with section 19 of the sea customs act and notification no. fera 105/51 dated 27-2-1951, as amended, issued by reserve bank of india under section 8(2) of the foreign exchange regulation act. seen the letter of authority. to shri m. n. ..... offence on 2-2-1953, as on that date inspector mitra's complaint was one which he was authorised to make by reserve bank under section 23(3)(b) of the foreign exchange regulation act. it is thus clear to us that on a proper reading of the various orders made by the additional district magistrate no cognizance ..... be the duty of the additional district magistrate then to enquire whether the complaint had been filed with the requisite authority of reserve bank as required by section 23(3)(b) of the foreign exchange regulation act. it is only at this stage that the additional district magistrate would be called upon to make up his mind whether he .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPLJ122; [2005]63SCL411(MP)
..... decision of this case.13. in order to appreciate the rival contentions it would be appropriate to quote 'preamble' of the fera :'an act to consolidate and amend the law regulating certain payment, dealings in foreign exchange and securities, transactions indirectly affecting foreign exchange and import and export of currency for the conservation of the ..... objection raised in preliminary objection no. 4 based on section 31 of the foreign exchange regulation act. the said provisions do not bar grant of relief of specific performance to the plaintiff and the question of permission of the reserve bank of india will arise, if at all, at the stage of execution of the ..... plaintiff mrs. j. clairs being not citizen of india, she could not hold any immovable property, since no permission was ever obtained by her from the reserve bank of india. for ready reference section 31 is reproduced hereunder :-'31. restriction on acquisition, holding etc., of immovable property in india.- (1) no person who is .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(4)MPHT9; 2004(2)MPLJ457
..... and removal of persons employed for the maintenance, repair and replacement of the common areas and facilities;(i) the method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities;(j) such restrictions on the requirements respecting the use and maintenance ..... building lines and subject to maximum coverage on floor 1 (entrance floor):--(a) storage or household or other goods of ordinarily combustible materials;(b) strong rooms, bank cellars;(c) air conditioning equipment and other machine used for services and utilities of the building; and(d) parking spaces.'5. now in the present case, ..... in respect of each apartment and the floor plans of the buildings referred to in sub-section (2) shall be registered as per provisions of registration act, 1908. sub-section (2) of section 13 of the adhiniyam provides that simultaneously with the registration of the declaration shall be filed alongwith it a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(1)MPHT400; 2003(4)MPLJ398
..... can he made by the defendant by filing a separate suit. but in order to avoid multiplicity of suits. rule 6-a of order viii, cpc was inserted by cpc amendment act, 1976, which came in effect from 1-2-1977. if the counter claim is filed, it being in the nature of a suit, the original plaintiff has a right ..... provide a forum totally different from tradition civil courts for deciding disputes in a less formal but speedier manner. the provisions of sections 10 and 11 with the rules and regulations framed thereunder have to be interpreted keeping in view the aim and object of the legislation under consideration. we find that the full bench of the tribunal has not in ..... entertained and decided by the debts recovery tribunal at bangalore .....'19. it is worthnoting here that similar view has been expressed in the case of cofex exports ltd. v. canara bank, air 1997 delhi 355.20. in this regard we may profitably refer to the decision rendered by the apex court in the case of union of india and anr. v .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... eventuallyin paragraphs 21 and 23 held as under :-- '21. as a result of the amendments made in the act and the rules, the position which would emerge is that section 19(1) of the act requires the filing of an application by a bank or a financial institution for the recovery of debt to be made before a tribunal ..... and the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure. therefore, even though the tribunal can regulate its own procedure, the act requires that any procedure laid down by it must be guided by the principles of natural justice while, at the same time, it should not ..... scw 1347. thus, three questions emerge for adjudication :--(i) whether interim order passed by the tribunal is appealable before the appellate tribunal ? (ii) whether regulations 31 & 32 of the regulations framed by the tribunal are invalid and deserve to be so declared ? (iii) whether the impugned order deserves to be interfered with in exercise of jurisdiction under .....
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