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Judgment Search Results Home > Cases Phrase: multi state co operative societies act 1984 repealed section 1 short title extent and commencement Page 1 of about 593 results (0.233 seconds)

Sep 06 2016 (SC)

Ludovico Sagrado Goveia Vs. Cirila Rosa Maria Pinto and Ors.

Court : Supreme Court of India

..... (2) without prejudice to the provisions contained in the general clauses act, 1897 (10 of 1897) with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the multi-state co-operative societies act, 1984 (51 of 1984) shall, if in force at the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act. ..... taken by a multi-state co-operative society against its paid employee or an industrial dispute as defined in clause (k) of section 2 of the industrial disputes act, 1947) touching the constitution, management or business of a multi-state co-operative society arises- (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or a person claiming through a member, past member or deceased member and the multi-state co-operative society, its board or any officer, agent or employee of the multi-state co-operative society or liquidator, past or present , or (c) between the multi-state co-operative society or its board and any past .....

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Dec 09 2003 (HC)

S. Umesh and anr. Vs. Charminar Co-operative Urban Bank Limited and an ...

Court : Andhra Pradesh

Reported in : 2004(1)ALD532; 2004(1)ALT642

..... with effect from 6-7-2001, the bank could not commence its operations at mumbai as contemplated and, therefore, the government of india issued a notice dated 19-6-2002 under section 77(2) of the central act of 1984 informing that the registration under the multi state co-operative societies act stands cancelled. ..... as the petitioner failed to repay the loan, the bank initiated proceedings under section 74 of the multi state co-operative societies act, 1984 (central act of 1984). ..... she would submit that under the multi state co-operative societies act, 2002 (2002 act), the bank is required to refer the matter to the arbitrator as per the provisions of the arbitration and conciliation act, 1996 and the order passed by the second respondent dated 28-8-2002 is unenforceable.5. ..... the bank was initially registered under the co-operative societies act and commenced its operations on 7-9-1985. ..... after the charminar bank again came under the purview of co-operative societies act with effect from 9-11-2002, by reason of section 70 of the act, it is permissible for the respondents to initiate execution proceedings in accordance with section 70 and the procedure laid down under rule 52 of the a.p. ..... multi state co-operative societies act, 1984 has now been repealed by multi state co-operative societies act, 2002 (2002 act). .....

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Jul 25 2007 (HC)

Adarsh Ginning and Pressing Factory, a Partnership Firm Through Its Pa ...

Court : Mumbai

Reported in : 2007(5)ALLMR364; 2007(5)BomCR618; (2007)109BOMLR1615; 2008(1)MhLj300

..... (2) without prejudice to the provisions contained in the general clauses act, 1897 (10 of 1897) with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the multi-state co-operative societies act, 1984 (51 of 1984) shall, if in force at the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act. ..... inconsistent with the provisions of this act, be deemed to have been respectively made, issued and instituted under this act, save that an order made cancelling the registration of a multi-state co-operative society shall be deemed, unless the society has already been finally liquidated, to be an order made under section 86 for its being wound up. (5) the provisions of this act shall apply to -(a) any application for registration of a multi-state co-operative society; (b) any application for registration of amendment of bye-laws of a multi-state co-operative society, pending at the commencement of this act and to the proceedings consequent .....

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Oct 10 1978 (HC)

The Punjab National Bank Ltd. Vs. Panchsheela Industrial Co-operative ...

Court : Delhi

Reported in : ILR1979Delhi300

..... with the background of the multi-unit co-operative societies act, 1942, and the requirement in the states that the bye-laws must specify the area of operations, there could be no doubt that the 'area of the society's operations' for the purpose of section 89 (b) was that stated in the bye-laws. ..... parties (3) whether the plaint discloses a cause of action against the union of india (4) whether the suit for recovery of the amount claimed is maintainable against the union of india and is this defendant liable to make payment to the plaintiff (5) whether the provisions of section 79 of the punjab co-operative societies act are attracted in the present suit if so, to what effect (6) if the above issue is found against the plaintiff, whether the suit is maintainable against defendant i for non-compliance with ..... the bombay co-operative societies act 1925 was in force in delhi till 1972, when it was repealed and replaced by the delhi co-operative societies act 1972. ..... ' it is, thereforee, clear that for purposes of 'registration, control and dissolution', a multi-unit society is subject to the law in force in the state in which it is 'actually registered', and not of the state in which it is 'deemed' to be registered, except to the small extent stated in sub-sections (2) and (3). ..... within a short time, the whole amount was withdrawn by the society- (6) the first installment fell due for repayment on 4th june 1964 as the factory had not gone into production, earlier. .....

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Feb 11 2014 (HC)

Niwas Dattatraya Lad and Others Vs. Punjab and Maharashtra Co-operativ ...

Court : Mumbai

..... the multi-state cooperative societies act, 1984 was enacted by parliament and section 74 thereof deals with various disputes including recovery of debts due to the cooperative banks. ..... the submission is revolving around section 84 of the multi-state cooperative societies act, 2002 (hereinafter referred to as the mscs act 2002? ..... settlement of disputes touching the constitution, management or business of a multi-state cooperative society are to be referred to an arbitration under section 84 of chapter ix of the act.? ..... parliament repealed the multi-state cooperative societies act, 1984 by the multi-state cooperative societies act, 2002 (the mscs act, 2002?).? .......................................................................... 34. ..... ) and rule 30 of the multi-state co-operative societies rules, 2002 (hereinafter referred to as the mscs rules 2002?). ..... we have read the above provisions and on plain reading of the above provisions, it is very clear that once the matter is referred by the central registrar, the arbitration proceedings ought to have been and/or should be commenced and continued and/or ended by following the procedure so prescribed under the arbitration act, though the main purpose of extending the provisions of the arbitration act is for want of specific provisions under the mscs act 2002. 11. ..... there is no specific provision under the mscs act 2002 to deal with such situation once the arbitration proceedings commenced in view of the above provisions. 5. .....

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Mar 16 1989 (HC)

Sukumar Chakraborty Vs. Assistant Assessor-collector and Others

Court : Kolkata

Reported in : AIR1991Cal181

..... tapan maitra nominatedhis relation ranjan kumar maitra as a nominee but when tapan died he left behind a widow and mother and they contested the claim of the nominee and this court decided about succession in which the award of the arbitrator under section 86 of west bengal co-operative societies act, 1973 was under challenge. ..... act of 1989 without investigating his title any more which is certified to be genuine and legal by the bengal secretariat co-operative land mortgage bank and housing society limited by virtue of the provisions of the co-operative societies act in the absence of any rebuttal and claim from any ..... co-operative societies act, 1983 notwithstanding the repeal of the ..... the affidavit dated 16th december, 1987 being an-nexure 'g' on page 24 of the writ petition is affirmed by the petitioner himself stating all the facts but with discrepancies and the next annexure on page 26 of the writ petition collectively marked as annexure 'g' being the letter of disclaimer is signed by threedaughters as well as endored by the ..... co-operative societies act, 1983 runs as follows:'a plot of land or a house or an apartmentin a multi-storied building (including the undivided interest in the common areas and facilities) shall constitute a heritable and transferable immoveable property within_ the meaning of any law for the time being ..... ) of the society informed the petitioner by letter dated 11th july, 1984 that the transfer of the aforesaid 20 'a' class shares and the interest in the .....

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Aug 06 2010 (HC)

Reserve Bank of IndiA. Vs. Shri Imran Ashraf Furniturewala Chairman, M ...

Court : Mumbai

..... as such, it is governed by the provisions of banking regulation act, 1949 as applicable to co-operative societies and the provisions of multi-state co-operative societies act, 2002. ..... these are the special powers and functions of the board of directors in view of the provisions of section 49 of the multi-state co-op. ..... as per clause (a) of section 52, the chief executive shall exercise the powers and discharge the functions pertaining to the day-to-day management of the business of the multi- state co-op. ..... section 51 provides for appointment of the chief executive officer as the full-time employee of such multi state co-op. ..... society read with sections 29 and 31 of the banking regulation act.15. ..... it is the contention of rbi - complainant that under section 29 of the banking regulation act, the accused no.1 - bank is required to prepare a balance sheet and profit and loss account on the last working day of each financial year. ..... taking into consideration the facts and legal position, prima facie, it appears that each of the accused had committed offence punishable under section 46(1) of the banking regulation act and therefore, process should have been issued against each of them.18. ..... however, inspection undertaken by reserve bank of india by virtue of powers under section 35 of the banking regulation act revealed net loss was of rs.12818.41 lakh, rs.16111.38 lakh and rs.11880.52 lakh for the said three financial years. .....

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Jan 13 2009 (HC)

Dr. Panjabrao Deshmukh Urban Co-operative Bank Ltd., Vidarbha Region V ...

Court : Mumbai

Reported in : AIR2009Bom75

..... the supreme court, the issue was answered by the full bench as follows in para 28:a co-operative society, registered under the provisions of the maharashtra co-operative societies act, 1960 and under the multi state co-operative societies act, 1984, which carries on the business of banking and is therefore governed by the banking regulation act, 1949 does not thereby fall within the expression 'state' under article 12 of the constitution of india. ..... perusal of the observations made in the said judgment and referred to by the state information commissioner, it is clear that this court was dealing with the question in what circumstances the co-operative societies are registered and in that reference it was observed that section 4 of the societies act permits registration of a society having its objects, the promotion of economic interest or general welfare of its members or of the public in accordance with the co-operative principles and proviso to section 4 prohibits registration of any society if it is likely to be economically unsound or ..... depends upon various other factors also, such as the nexus of such organisations with the state, the extent of state control, whether it is entirely financed by the state or by private individuals, whether the same function was originally carried out by a department of the state and so on, there may be many functions of public importance which can be performed by ..... registered under the maharashtra co-operative societies act, 1960 (for short. .....

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Mar 26 1990 (HC)

Raj Pal Singh and Others Vs. State of Haryana and Another

Court : Punjab and Haryana

Reported in : AIR1990P& H321

..... is a multi-state co-operative society in terms of the multi-state co-operative societies act, 1984 (for short, the 1984 act) and, therefore, neither the haryana co-operative societies act, 1984, as amended by the amending act is applicable to their case nor the state government could appoint an administrator to run the affairs of the society as has been done vide order dated january 27, 1988; rather in terms of sub-section (3) of ..... on alternative pleas in the following manner:--(i) the society was registered in the year 1955 'under the multi-state co-operative societies act, 1942, which has been repealed by the multi-state co-operative societies act, 1984. ..... ' therefore, the provisions of the multi-state co-operative societies act,' 1984, are not attracted to the facts of this case and the stand of the petitioners in that regard is ..... of fact no statute by the name of 'multi-state co-operative societies act, 1942' was ever in existence and the bald statement of the petitioners in paragraph 3 of the petition to the effect that their society was registered under that statute virtually borders on falsity ..... co-operative societies act, 1961, but with the saving that 'anything done or any action taken under the repealed act shall, to the extent of being, consistent with this act, be deemed to have been done or taken under this act. ..... the act shall apply to- (a) all co-operative societies, with objects not confined to one state, which were incorporated before the commencement of thisact. .....

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Jul 05 2004 (HC)

B. Sankappa Rai and ors. Vs. Central Registrar of Co-operative Societi ...

Court : Karnataka

Reported in : ILR2004KAR4298; 2004(7)KarLJ330

..... the purpose of appreciating the legal contentions urged on behalf of the parties are stated as follows:-the petitioners in all these petitions are members of the multi state co-operative society registered under the provisions of the multi state co-operative societies act, 1964, which is now repealed by the multi state co-operative societies act, 2002 (hereinafter referred to as the 'act, 2002' for short). ..... also contended by the learned counsel on behalf of the society and the contesting respondents' that as per section 28 of the act 2002, no member of 'c' category of the multi state co-operative society shall exercise his/her rights unless he/she has paid the enhanced share value and non payment of the same despite demand, disentitles them from ..... 3 and 4 have placed reliance on section 10 and 12 of repealed act and the act 2002, to contend that an amendment of the bye laws of a society, will come into force on the day on which it is registered by the registrar of co-operative societies by issuing certificate of registration unless it is specifically mentioned that it ..... the same, he has placed reliance on the following decisions of the kerala high court, reported in 1992(2) klt 673; 1993(1) klt 538 and 1996(1) klt 27 wherein provisions of sections 7,9,12 and 27 of the kerala co-operative societies act and rules which are similar to the provisions of both the repealed act and act of 2002 have been interpreted and it is held that the amended bye laws will have retrospective effect. .....

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