Skip to content


Judgment Search Results Home > Cases Phrase: multi state co operative societies act 1984 repealed section 93 review Page 1 of about 682 results (0.171 seconds)

Apr 04 2007 (SC)

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 parliament repealed the multi-state co- operative societies act, 1984 by the multi-state co-operative societies act, 2002 [''the mscs act, 2002''). ..... the multi-state co-operative societies act, 1984 was enacted by the parliament and section 74 thereof deals with various disputes including recovery of debts due to the co- operative banks. ..... pervasive and meaningful interpretation of the provisions of the relevant statutes and entries 43, 44 and 45 of list i and entry 32 of list ii of the seventh schedule of the constitution, we answer the reference as under:co-operative banks' established under the maharashtra co-operative societies act, 1960 [mcs act, 1960]; the andhra pradesh co-operative societies act, 1964 [apcs act, 1964]; and the multi-state co-operative societies act, 2002 [mscs act, 2002] transacting the business of banking, do not fall within the meaning of 'banking company' as defined in section 5(c) of the banking regulation act, 1949 [br act]. ..... section 22 of the mscs act, 2002 provides for conversion of a co-operative society into a multi-state co- operative society by an amendment in its bye-laws with the approval of the central registrar who shall consult the registrars of co-operative societies of the state concerned. ..... section 99 and section 101 under chapter xii provide for appeals to the appellate authority and review of its orders. .....

Tag this Judgment!

Jan 07 2004 (HC)

Taraporewalla Agencies Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR2004AP283; 2004(1)ALD724; 2004(3)ALT536

..... bank wanted to extend its area of operation outside andhra pradesh and therefore was converted as a society under the central act of 1984 multi state co-operative societies act, 1984 which is repealed by mscs act, 2002.. ..... bank also initiated action for recovery of the loan amount and filed an application under section 74 of multi state co-operative societies act, 1984 (hereafter called 'the central act') and petitioner remained ex parte. ..... all the proposals have to be submitted, if the petitioners are eligible for ots and bank has to review all matters including the question whether petitioners who submitted ots proposals qualify for being given the benefit of ots package ..... , the revised ots guidelines issued by rbi vide their letter dated 12.2.2003, as discussed hereinabove, envisaged the constitution of sac which shall review all applications received and recommend eligible cases to the board of directors (competent authority). ..... settlement advisory committee ('sac' for brevity) should be constituted by the banks to review all applications received and recommend eligible cases to competent authority for sanction. ..... a settlement advisory committee should be constituted by the banks to review all applications received and to recommend eligible cases to the competent authority for ..... act require a review of ots proposal by an sac and acceptance of the same by the competent ..... after sac reviews each proposal and submits, the board may then take a decision whether or not to accept the ots .....

Tag this Judgment!

Apr 04 2009 (HC)

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 101 of the multi-state act provides for a review. ..... under section 126 of the act of 2002 the 1984 act was repealed. ..... repeal and saving. .....

Tag this Judgment!

Sep 06 2016 (SC)

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 ..... , rules and orders made, all notifications and notices issued and all suits and other proceedings instituted under any of the acts referred to in sub-section (1) shall, in so far as they are not 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 .....

Tag this Judgment!

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

..... multi state co-operative societies act, 1984 has now been repealed by multi state co-operative societies act, 2002 (2002 act). ..... 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. ..... vidya rani submits that when action is initiated under section 74 of the central act of 1984, the loan cannot be recovered under the provisions of the co-operative societies act. ..... 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. ..... 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. ..... 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). .....

Tag this Judgment!

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

..... 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. ..... notifications and notices issued and all suits and other proceedings instituted under any of the acts referred to in sub-section (1) shall , in so far as they are not 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 ..... contained in any other law for the time being in force, if any dispute [other than a dispute regarding disciplinary action 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 (14 of 1947)] touching the constitution, management or business of a multi-state cooperative society arises -(a) ... ..... review application in respect of the proceedings decided under section 101 of the state act .....

Tag this Judgment!

Oct 10 1978 (HC)

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 .....

Tag this Judgment!

Jan 13 2009 (HC)

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. ..... 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 if the registration of such .....

Tag this Judgment!

Mar 26 1990 (HC)

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 .....

Tag this Judgment!

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). ..... 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 ..... 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. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //