Judgment Search Results Home > Cases Phrase: multi state co operative societies act 1984 repealed section 90 appeals Page 1 of about 711 results (0.151 seconds)

Greater Bombay Co-op. Bank Ltd. Vs. United Yarn Tex. Pvt. Ltd. and ors ...

Court : Supreme Court of India

Reported in : AIR2007SC1584; 2007(3)ALT1(SC); [2007]137CompCas63(SC); JT2007(5)SC201; 2007(3)KLT302(SC); 2007(3)MhLj434; 2007(5)SCALE366; (2007)6SCC236; 2007AIRSCW2325; 2007(3)AIRKarR406

..... parliament repealed the multi-state co- operative societies act, 1984 by the multi-state co-operative societies act, 2002 [''the mscs act, 2002 ..... person or society aggrieved by any decision passed or order made by the registrar or any other person authorized under the various provisions of the act enumerated in section 76 is free to file an appeal to the tribunal ..... appeal against the winding up of the society shall be made by the aggrieved party to the state government under section 104 ..... party aggrieved by any decision of the co-operative court or order passed by the co- operative court or the registrar or the authorized person under section 95 is at liberty to file appeal before the co- operative appellate court under section 97. ..... learned senior advocate appearing on behalf of the appellant in civil appeal nos.432 to 434 of 2004, vehemently contended that the high court of bombay completely failed to appreciate the meaning of 'banking company' as defined in section 5(c) of the br act which clearly and indisputably does not cover or include a 'co- operative bank' registered under the mcs act, 1960 or the mscs act, 2002. ..... detailed examination of the various submissions before it, full bench of the andhra pradesh high court in a batch of writ petitions, writ appeals and civil revision petitions struck down the constitutional validity of sections 61 and 71 of the apcs act, 1964. ..... section 99 and section 101 under chapter xii provide for appeals to the appellate authority and review of its .....

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

Court : Supreme Court of India

..... by the impugned judgment dated 23.12.2013, the high court has held that the multi state co-operative societies act, 1984 was repealed by the multi state co-operative societies act, 2002, [hereinafter referred to as the 2002 act ]. ..... 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 ..... ...respondents judgment r.f.nariman, j.the present appeal is filed by the successful purchaser at an auction held in execution of an order dated 5.10.2010 of the assistant registrar of cooperative societies passed under section 76 of the multi state cooperative societies act, 1984 [hereinafter referred to as the 1984 act ].. .....

Hyderabad Co-operative Central Trading Society Limited Vs. Registrar o ...

Court : Andhra Pradesh

Reported in : 2004(1)ALD768

..... secondly he would urge that the petitioner society being one registered under the 1984 central act, third respondent has to take action in accordance with the said act, which is now been repealed by the multi state co-operative societies act, 2002. ..... the petitioner society availed loan, a reasonable inference can be drawn that before advancing loan to the petitioner society, it was admitted as a member of third respondent and therefore it is always open to third respondent to recover loan after obtaining a certificate under section 71 of the state act.6. ..... when the third respondent seeks to recover the amount advanced by it to the petitioner society, it has necessarily recourse either under section 61 or 71 or 101 of the state act and no remedy is available to third respondent under the central act. ..... the other submission that petitioner society not being a member of the third respondent society, section 71 has no application is also without ..... aggrieved by the same, an appeal under section 90 of the said act was filed and the same was allowed by the appellate authority-cum-joint secretary to central government on the ground that rcs is not competent to pass award against the petitioner society under 1984 act. ..... the petitioner preferred appeal before the joint secretary to central government under section 90 of the central act. ..... , against every certificate for recovery granted under section 71, the petitioner has an effective alternative remedy of filing an appeal before the a.p. .....

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

Court : Andhra Pradesh

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

..... multi state co-operative societies act, 1984 has now been repealed by multi state co-operative societies act, 2002 (2002 act). ..... 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). ..... 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. ..... if the petitioner is aggrieved by such decision, by reason of section 76 of the co-operative societies act, he has an effective alternative remedy of filing appeal before the jurisdictional tribunal constituted under section 75 of the co-operative societies act. ..... erracheruvupalle primary agricultural co-operative society, : 2002(4)ald700 , even in respect of execution proceedings taken out in accordance with section 70 of the co-operative societies act, an appeal would lie to the tribunal under section 76(1) of the said act. ..... section 76 of the act provides that any person aggrieved by any decision passed or order made under various provisions of the act, inter alia, may file appeal to the tribunal. ..... therefore, the impugned action is clearly appealable under section 76 of the act....................8. .....

The Abhyudaya Cooperative Bank Ltd. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2009(4)BomCR232; 2009(4)MhLj929

..... firstly in that case the bank was earlier registered under the mcs act and on 9.12.1999 it was registered under the multi-state co-operative societies act, 1984. ..... (4) the state government may, by order, direct that the powers conferred on it by this section shall, in such circumstances and under such conditions if any, as may be specified in the direction, be exercised also by an officer of the rank of secretary to government.section 22 of the multi-state co-operative societies act, 2002 reads as under:22. ..... -( 1) the multi-state cooperative societies act, 1984 (51 of 1984) is hereby repealed. ..... (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 cooperative 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. ..... section 99 of the multi-state act provides for appeals. ..... under section 126 of the act of 2002 the 1984 act was repealed. ..... repeal and saving. .....

Shamrao Vithal Co-operative Bank Ltd. Vs. Star Glass Works

Court : Mumbai

Reported in : 2003(2)ALLMR583; 2003(3)BomCR347; [2003]114CompCas378(Bom); [2003]42SCL769(Bom)

..... even if such co-operative banks have a machinery available to them under maharashtra co-operative societies act and also multi state co-operative societies act, 1984 (now repealed by maharashtra co-operative societies act, 2002) we find no reason why such co-operative banks should be excluded from the purview of the act of 1993.19. ..... modifications, namely:-- (a) throughout this act, unless the context otherwise requires,-- (i) references to a 'banking company' or 'the company' or 'such company' shall be construed as references to a co-operative bank,(ii) references to 'commencement of this act' shall be construedas references to commencement of the banking laws (application to co-operative societies) act, 1965 (23 of 1965); (b) in section 2, the words and figures 'the companies act, 1956 (1 of 1956), and' shall be omitted;(c) in section 5,-- (i) after clause (cc), the following clauses shall be inserted, namely:-- (cci) 'co-operative bank' means a state co-operative bank, a central cooperative bank and ..... aggrieved thereby the petitioners preferred the appeal before the debt recovery appellate tribunal. ..... this reasoning does not appeal us and rather appears to be fallacious. ..... the said appeal was dismissed on 16th january, 2002. .....

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

Court : Punjab and Haryana

Reported in : AIR1990P& H321

..... panipat', 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 devoid of ..... a 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. ..... of the punjab 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. ..... stand 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. ..... later mentioned act was also repealed vide s. ..... this act was however, later repealed vide .....

Kerala State Co-operative Agricultural And Rural Development Bank Ltd. ...

Court : Supreme Court of India

..... f) in mavilayi service co-operative bank, the appeals before this court were filed by the co-operative societies which had been registered as primary agricultural credit societies , together with one multi-state 44 co-operative society raising the question as to, whether, deductions could be claimed under section 80p(2)(a)(i) of the act and in particular, whether the assessees are entitled to such deductions after the introduction of section 80p(4) of the act by section 19 of the finance act, 2006 with effect from 01.04.2007. ..... (2)notwithstanding the repeal of the madras co-operative societies act, 1932 and the travancore-cochin co- operative societies act, 1951 and without prejudice to the 33 provisions of sections 4 and 23 of the interpretation and general clauses act, 1125 (vii of 1125), (i) all appointments, rules and orders made, notifications and notices issued, and suits and other proceedings instituted ,under any of the acts hereby repealed shall, so far as may be, be deemed to have been respectively made, issued and instituted under this act; (ii) any society existing in the state on the .....

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

..... 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. ..... as per the circular, since the multi state cooperative societies act, 2002 is made applicable with effect from 19.8.2002, the orders of the high court in respect of provisions of the multi state cooperative societies act, 1984 and in respect of the proceedings under section 101 of the state act, 1960 would not be applicable any more and, therefore, in respect the multi state cooperative societies, the proceedings under section 101 of the state act, 1960 should not be admitted and in case of pending matters no decision should be ..... orders in terms of prayer (c).it is accordingly ordered that the operation of the following provisions of the multi-state societies act, 1984, read with rule 33 of the multi-state co-operative societies (registration, membership, direction and management settlement of disputes, appeal and revision) rules, 1985 qua the respondent no. 6 (i.e. ..... joint registrar, cooperative societies (appeal) bombay dated 12.12.2003 .....

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

Court : Delhi

Reported in : ILR1979Delhi300

..... 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- ..... 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 provisions ..... so, by applying section 3 of the multi-unit co-operative societies act, it ought to have been held in the calcutta case that, as regards the giving of notice, the bengal co-operative societies act, under which the society must be 'deemed' to be registered, applied ..... were under the section dealing with arbitration in the co-operative societies acts of various states. ..... there, it was held, that non-payment of rent by a society was not an 'act' for the purpose of section 70 of the bombay co-operative societies act 1925, which, as i have previously mentioned, requires notice to be given prior to the ..... 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 .....