Judgment Search Results Home > Cases Phrase: multi state co operative societies act 1984 repealed section 69 inquiry by central registrar Page 1 of about 538 results (0.109 seconds)

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

Court : Supreme Court of India

..... judgment dated 23.12.2013, the high court has held that the multi state co-operative societies act, 1984 was repealed by the multi state co-operative societies act, 2002, [hereinafter referred to as the 2002 act ]. ..... made under section 39 or section 40 or section 83 or section 99 or section 101 shall, if not carried out,- (a) on a certificate signed by the central registrar or any person authorized by him in writing in this behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as if it were a decree of such court and such decree shall be executed by the central registrar or any person authorized by him in writing in this behalf, by attachment and sale or sale without attachment of any property of the person of the person or a multi-state co-operative society against whom ..... (2) the central registrar may withdraw any reference transferred under clause (b) of sub-section (1) and decide it himself or refer the same for decision to any other person who has been invested by the central government with ..... - (1) the central registrar may, on receipt of the reference of dispute under section 74,- (a) elect to decide the dispute himself, or (b) transfer it for disposal to any other person who has been invested by the central government with powers ..... (3) the central registrar or any other person to whom a dispute is referred for decision under this section may, pending the decision of the dispute, make such interlocutory orders as he may deem necessary in the .....

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

Court : Andhra Pradesh

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

..... 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). ..... multi state co-operative societies act, 1984 has now been repealed by multi state co-operative societies act, 2002 (2002 act ..... as per section 126 of the 2002 act, legal proceedings pending before the court, central registrar or any other authority on the commencement of the act are to be continued before such authority or the court as if act of 2002 had ..... the joint registrar or co-operative societies/ osd, the second respondent herein, in proceedings dated 28-8-2002 passed an award directing the petitioner and two others to pay an ..... to any other mode of recovery provided by or under this act, recover-- (a) any amount due under a decision or an order of the registrar, or any person authorised by him, or an arbitrator;(b) any amount ordered to be paid towards the expenses of a general meeting of a society called under section 32;(c) any amount awarded by way of costs under section 56 to a society including a financing bank or a federal society;(d) any amount payable towards fees under section 58;(e) any amount ordered under section 60 to be repaid to a society or recovered as a contribution to its assets; or(f) any ..... decision under section 71 or section 76 of the co-operative societies act can be executed inter alia by the registrar or any person authorised by the registrar in the manner provided under sub-section (1) of section 70. .....

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. ..... 4 bank was governed by the provisions of the multi state cooperative societies act, 2002 (hereinafter referred to as, 'the multi state act, 2002') and, therefore, the proceedings can be filed only before central registrar and respondent no. ..... it was submitted that due to conversion into the multi state cooperative societies, the cooperative court and the registrar functioning under the state act, 1960 refused to entertain disputes under section 91 of the state act, 1960. ..... the cooperative court was pleased to return the dispute as not maintainable as the proceedings could be entertained by the cooperative court in view of provisions of section 74 of the multi state act, 2002 and the power vested with the central registrar, cooperative societies. 7. ..... (4) where a dispute has been referred to arbitration under sub-section (1), the same shall be settled or decided by the arbitrator to be appointed by the central registrar. .....

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. ..... (38) section 79 of the punjab co-operative societies act says that 'no suit shall be instituted against a co-operative society or any of its officers in respect of any act touching the business of the society until the expiration of three months next after notice in writing has been delivered to the registrar or left at his office, staling the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has ..... 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 reads: 'multi-unit co-operative societies, that is to say, co-operative societies operating over more than one province are corporations within the meaning of entry 33 in list i of 312 the seventh schedule of the government of india act, 1935, and the legislative and executive jurisdiction in respect of their incorporation, regulation and winding up is exclusively central . .....

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

Court : Mumbai

..... parliament repealed the multi-state cooperative societies act, 1984 by the multi-state cooperative societies act, 2002 (the mscs act, 2002?).? ..... is revolving around section 84 of the multi-state cooperative societies act, 2002 (hereinafter referred to as the mscs act 2002? ..... have invoked articles of the constitution of india and thereby praying to quash and set aside order dated 07 july 2011 passed by the central registrar, co-operative societies, whereby an arbitrator is appointed to settle the disputes between the parties. 3. ..... 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.? ..... for the purposes of sub-section (4) of section 84 of the act, the central registrar may appoint and fix the fee of the arbitrators subject to the provisions of arbitration and conciliation act, 1996. ..... a dispute has been referred to arbitration under sub-section (1), the same shall be settled or decided by the arbitrator to be appointed by the central registrar. ..... 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 ..... 2011, dated 26 september 2011), whereby the learned judges of this court set aside the appointment so made by the authority under section 84 of the mscs act 2002 basically on the ground of principles of nature justice. .....

Sukumar Chakraborty Vs. Assistant Assessor-collector and Others

Court : Kolkata

Reported in : AIR1991Cal181

..... 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. ..... co-operative societies act, 1983 notwithstanding the repeal of the w. b. ..... 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 mother.8. mr. ..... (the registrar of co-operative societies v. k. ..... 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 in force_. ..... ) 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 said plot no. ..... ghosh by submitting that the case cited by the learned advocate for the corporation is actually based upon a decision reported in : [1984]1scr992 (sarbati debi v. ..... usha debi reported in : [1984]1scr992 . ..... narendra bahadur tandon) and : [1984]3scr74 (a. c. .....

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. ..... now it will be useful to refer certain provisions of the multi-state co-operative societies act, 2002. ..... to state in brief, the accused no.1 - memon co-operative bank is a registered multi-state co-op ..... societies act, as stated above, it is clear that it was the responsibility of the board of directors and as such each of its directors to publish and submit the true balance sheet and profit and loss account and there is reason to ..... 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. ..... 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 ..... appreciate the facts of the present case, it will be necessary to go through certain provisions of the banking regulation act and multi-state co-op. ..... 1 bank , and all its directors, special adviser and ceo had committed offence punishable under section 46 of the banking regulation act because they had willfully made false statements in the returns of the said 3 years. ..... 32 requires copies of balance sheets and accounts to be sent to the registrar of companies. .....

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

Court : Mumbai

Reported in : AIR2009Bom75

..... after referring to the several authorities from 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. ..... in view of this, he preferred two appeals before the commissioner of co-operation and registrar of co-operative societies, pune. ..... the learned counsel for the petitioner vehemently contended that the petitioner is co-operative bank registered under the maharashtra co-operative societies act and for the proper functioning of the same as per provisions of law, the commissioner of co-operative societies and the registrar and other functionaries under the registrar have some control on all the co-operative societies, including the co-operative banks. ..... apart from the said fact it was, noticed by reason of an appropriate notification issued by the central government that csir was amenable to the jurisdiction of the central administrative tribunal in terms of section 14(2), of the administrative tribunals act, 1985. .....

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 s ..... ' 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 totally ..... matter 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 ..... is founded 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. ..... advocate general, haryana, are as follows:--on december 11, 1955, fourteen persons made an application in the prescribed form to the registrar, co-operative societies, punjab, for the registration of the society under the name and style of 'the panipat co-operative sugar mills ltd. ..... 14 of 1955, and the registrar issued a certificate, to that effect interms .....

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

Court : Karnataka

Reported in : ILR2004KAR4298; 2004(7)KarLJ330

..... brief facts for 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). ..... it is contended that when a person becomes member of the society after fulfilling the eligibility criteria, it is not permissible for the society or the central registrar of the co-operative societies to prescribe any other eligibility clauses to the bye-laws with retrospective effect.12 ..... in support of 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. ..... it is 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 .....