Judgment Search Results Home > Cases Phrase: multi state co operative societies act 1984 repealed Court: kerala Page 1 of about 11 results (0.091 seconds)

The Chirakkal Service Co-Operative Bank Ltd Vs. The Commissioner Of In ...

Court : Kerala

..... keeping in mind that 'primary agricultural credit society' is defined with reference to the term 'co-operative society'; reverting to section 5 (cciia) of the br act, it can be seen that for the purpose of that act, 'co-operative society' means a society registered or deemed to have been registered under any central act for the time being in force relating to the multi-state cooperative societies, or any other central or state law relating to co-operative societies for the time being in force. 14. ..... therefore, when the term 'cooperative society' is defined to mean, inter alia, a society registered under any state law relating to co-operative societies for the time being in force; one such is a co-operative society for the purposes of the br act and if that co-operative society satisfies the definition of 'primary agricultural credit society', it would be one to which the exemption as per sub-section 4 of section 80p of the it act would apply. 15. ..... the parliament, having defined the term 'co-operative society' for the purposes of the br act with reference to, among other things, the registration of a society under any state law relating to co-operative societies for the time being; it cannot but be taken that the purpose of the societies so registered under the state law and its objects have to be understood as those which have been approved by the competent authority under such state law. .....

The President, Peechi Service Co-Operative Bank, Thrissur and Another ...

Court : Kerala

..... declare that the special general body meeting of the peechi service co-operative bank convened on 28.04.2015 was convened in violation of section 30 of the co-operative societies act read with rule 36 of the co-operative societies rules and the resolution passed in that meeting is null and void. xi. ..... the above provision clearly indicates that the law relating to co-operative society in force in a state which is inconsistent with the provisions of the part ixb shall continue to be in force until amended or repealed by a competent legislature or until the expiration of one year from such commencement whichever is less. ..... declare that the special general body meeting of a co-operative society has no authority under the co-operative societies act and rules to expel the directors/officers from the primary membership of the co-operative society. ix. ..... the board of directors passed a resolution on 02.05.2015 taking a decision to expel the petitioners from the primary membership of the bank under section 17 of the kerala cooperative societies act, 1969 (hereinafter referred to as the act ) read with rule 18 of the kerala co-operative societies rules, 1995 (hereinafter referred to as the rules') by convening an extraordinary general body meeting before which an explanation was also sought within 15 days, from the petitioners. .....

P. Bhaskaran and ors. Vs. Additional Secretary, Agricultural (Co-opera ...

Court : Kerala

Reported in : AIR1988Ker75; [1989(58)FLR78]; (1988)IILLJ307Ker

..... the kerala co-operative societies act ('the act') meant to 'consolidate, amend and unify the laws relating to co-operative societies in the state of kerala' came into force on 12th may, ..... no, 277 of 1984.35- the 2nd respondent, an accountant in the nediyirippu service co-operative bank, was reverted by the bank as per proceedings dated 20-10-1982 (ext. ..... the english interpretation act, 1889, dealing with effect of repeal in future acts, section 38 provided that the repeal shall not, unless the contrary intention appears, 'affect any right, privilege, obligation or liability acquired, accured or incurred under any enactment so repealed'. ..... 3284 of 1984, 4665 of 1984, 5301 of 1984, 5364 of 1984 5662 of 1984 and 1427 of 1986 ..... we see no conflict between this judgment and the one reported in 1984 ker lt 248, in the view, therefore, we have taken the decisions which held that the right to emoluments alone is saved under r: 200 cannot be accepted as correct and therefore, the judgments in ..... bank 1984 ker lt 248, justice sukumaran speaking for the bench stated thus :--'on a combined reading of rules 185, 186, and 200, it has to be held that the right to promotion to the higher posts of those already in service but not possessing the higher qualifications introduced under the rules, ..... 1984 ker lt 32 : (1984 lab ic noc 110) also succinctly summarises the principles deducible from the decisions of the supreme ..... our understanding reading is not in conflict with the decision in 1984 ker lt 248. .....

Malathi J. Rai W/O Jaganatha Rai Vs. Suhara Abbas Ali W/O Abbas Ali an ...

Court : Kerala

Reported in : AIR2008Ker7; 2007(3)KLJ289

..... going by section 30, a co-operative society registered or deemed to be registered under the kerala co-operative societies act, 1969 has also been included within the scope of mischief of that section if the government is holding not less than 51% share. ..... where the government is having not less than 51% share, it is contended that since employees of co-operative societies are also covered by the explanation to the said section, the same principle will apply as far as the interpretation of section 34(1)(j) is concerned also. ..... it is true that the bank in question is one coming under the definition of 'primary bank' in the kerala state co-operative agricultural and rural development banks act, 1984. ..... in the light of the above, we hold that the dues towards a co-operative bank, co-operative society cannot be termed as dues to the government as envisaged in section 34(1)(j) of the act. ..... ' it is clear that the section does not indicate dues of any other kind like dues towards co-operative banks, co-operative societies, commercial banks or nationalised banks, government companies, etc. ..... --for the purpose of this section, company means a government company as defined in section 617 of the companies act, 1956 (central act 1 of 1956) and includes a co-operative society registered or deemed to be registered under the kerala co-operative societies act, 1969 (21 of 1969).9. .....

Indian Bank Vs. Ernakulam District H.G.M.T. Co-op. Society Ltd.

Court : Kerala

Reported in : AIR2006Ker154; III(2007)BC7; [2006]131CompCas232(Ker); 2006(1)KLT479

..... suit or other proceeding filed by a bank or financial institution as defined in the recovery of debts due to banks and financial institutions act, 1993 (for short the act) and pending adjudication before the registrar of co-operative societies under the kerala co-operative societies act, 1969 (hereinafter referred to as the societies act) would stand automatically transferred to the recovery tribunal constituted under the act? ..... respondent is a co-operative society registered under the societies act. ..... 1996 on 7-6-1996 before the joint registrar of co-operative societies, ernakulam under section 69 of the societies act. ..... a co-operative society registered under the societies act. ..... resisted the above line of argument pointing out the absence of express provisions in the societies act or in the rules enabling the arbitrator to return the plaint for presentation before the proper ..... registrar of co-operative societies (hereinafter referred to as the arbitrator) to hear and dispose of ..... smart itr 52, 'can in no case be supplied by a court of law, for that would be to make laws.the golden rule for construing wills, statutes, and, in fact, all written instruments has been thus stated: 'the grammatical and ordinary sense of the words is to be adhered to unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense ..... appellate authority : (1984)iillj464sc , indian administrative service (scs) .....

Nature Lovers Movement Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2000Ker131

..... government of travancore announced the policy of leasing out forest lands to individuals, co-operative societies and associations. ..... (paragraphs 86 to 95)j) that the occupants/encroachers are liable to pay compensation for the injury caused by them to the general public in view of 'polluter pays principle', (vide paragraph 100)k) that the state government shall determine the quantum of injury and amount of compensation payable in consultation with the forest and revenue departments, (vide paragraph 101)l) that the lands in excess of four acres in the possession of ..... use of any forest land is for agricultural purpose or for the rehabilitation of persons displaced from their residences by reason of any river valley or hydro-electric project; (iii) whether the state government or the other authority has certified that it has considered all other alternatives and that no other alternatives in the circumstances are feasible and that required area is the minimum needed for the ..... regularised; (vi) regularisation of the encroachments shall not be done in excess of the area permissible as per the kerala land assignment act, (v) a comprehensive scheme for soil preparation and agro forestry shall be prepared and implemented as a time bound programme, and (vi] the state government shall give firm commitment that the funds for the compensation and afforestation over double the degraded forest land shall be provided as ..... ..... ..... . 10797 of 1984 challenging the assignment of forest lands by the ..... 1984 .....

Sri.V.Shivaprasad Vs. State of Kerala

Court : Kerala

Reported in : ILR2011(1)Ker697

..... the decisions, four tests are deducible and these are: (i) the legislature has the undoubted rights to alter a lawalready promulgated through subsequent legislation, (ii) a speciallaw may be altered, abrogated or repealed by a later general law by anexpress provision, (iii) a later general law will override a priorspecial law if the two are so repugnant to each other that they cannotco-exist even though ..... thus, article 243-w contains merely anenabling provision, and it does not mean that the state is obliged to provide for such a statute.the constitution (seventy-fourth amendment act, in any event, does not envisage that the existing laws would become non-operative or a vacuum would be created in the matter of enforcement of existing laws relating to urban planning ..... section 9 deals withdeclaration of function to make or adopt scheme; section 10 deals withresolution to make or adopt scheme; section 11 deals with publication ofdraft scheme; section 12 deals with the power of state government torequire the council to make scheme; section 13 deals with contents ofdraft scheme; section 14 deals with sanctioning of scheme by stategovernment and section 15 deals with variation or revocation of schemes.the above ..... cater to the development needs of urban society ensuringmodern comfort levels and standard of living while ..... altogether ignored; multi-storey culture isnow ..... union of indiaand others (air 1984 sc 1130) had occasion to consider these principlesand after referring to certain other .....

Planters Forum Vs. State of Kerala

Court : Kerala

..... on the grounds of (i) lack of legislative competence, (ii) violation of specific fundamental rights under part iii of the constitution of india (the act not being saved by operation of articles 31a/31c of the constitution of india), (iii) the act is a product of colurable exercise of legislative power and in relation to the matters already covered by state and central acts and (iv) insofar as the act does not make provision for payment of compensation in respect of lands covered under section 3, it is illegal and confiscatory besides being ..... quash the same by the issuance of a writ of certiorari or other appropriate writ, direction or order; (2) to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 to 3 not to interfere in any manner or to obstruct the petitioner society in carrying out the work for setting up indian institute of space science and technology in the land covered by ext.p-23 sale deed. ..... that there can be no repeal by implication unless the inconsistency appears on the face of the two statutes ..... the apex court in 1984(1) scc515(supra) had occasion to consider article 39(b) especially in the context of what the material resources and distribution ..... ii) declare that multi-storied or large scale constructions or change of landscape or land use pattern of the land in merchiston estate including fencing of the said land by respondents 2 and 7 amount to violation of right of the citizens to ecology and environment guaranteed .....

Jaya Balagangadharan Vs. The State of Kerala represented by The Chief ...

Court : Kerala

..... any body corporate established by or under a central, provincial or state act, and includes a government company as defined in s.617 of the companies act, 1956 , a society registered under the societies registration act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, being a society established or administered by government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any state, being a co-operative society in which not less than fifty-one per cent of the paid-up share ..... substituted for "either in person", by the land acquisition (amendment) act, 1984 [in person or by any person authorised by him in this behalf] or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land ..... if a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. .....

Puthiyapura Sheik Koya Thangal and Another Vs. P.P. Koyammakoya and Ot ...

Court : Kerala

..... ext.a13 proceedings of the registrar of co- operative societies would show that the plaintiff herein had described himself as the sheik of the plaint schedule ..... and leads the prayer mujtahid : jurist mukri : a muslim priest who calls for prayer and leads the prayer/the custodian of mosque property musha pre-emption musi : testator mutat : right to conjugal society; a present to the wife; temporary marriage mutwalli : a trustee of a wakf nadappal : a last grade employee attached to the amin namaz : prayer nercha : offerings by devotees during the ..... sc 1569 dealt with an unfortunate saga of a perpetual strife and struggl, disputes and differences between two sections of the muslim community of village vijayapuram (situated in tiruvarur district in the state of madras) setting up diverse rights and rival claims over the property which was essentially a religious property originating from a fountain of purity flowing from the life and teachings of a ..... a kind of tambourine used for rathib daff-kar : people who perform ratib beating tambourines daru'l islam : territory of safety, a freidly state dawa' : claim diyat : compensation fakeer/fakir : a muslim oris hindu mendicant monk holymanwho regarded as a faqih : lawyer fard : obligatory (act) fatwa : judicial decisions ghasab : usurpation ghasib userper; trespasser hajj : pilgrimage hakim : lawgiver:magistrate:judge halal : proper haq : right ..... that until the year 1984 religious functions were conducted under ..... the year 1984 the annual .....