Court : Mumbai Aurangabad
..... the provisions of section 99 of the multi-state co-operative societies act are in pari materia with the provisions of section 157 of the maharashtra co-operative societies act, as such, ratio laid down in the above noted judgment of the supreme court is squarely applicable to the instant case. ..... while answering the issue, on consideration of the judgment of the supreme court, cited supra, it is observed by the division bench, thus: section 99(2) of the multi-state co-operative societies act, 1984 is in pari materia with section 157 of the maharashtra co-operative societies act, 1960. ..... the question, that was posed before the supreme court, was , as to whether in exercise of powers under section 99 of the multi-state co-operative societies act, 1984, exemption can be granted from operation of provisions of law for benefit of members of the committee. ..... as we read section 99(2)(a) it appears to us that the power of the central government under the said provision is to exempt a multi-state co-operative society or any class of such societies from any of the provisions of the act or the rules and this provision does not contemplate given exemption to anyone else. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the learned counsel appearing for respondent no.6, relying upon the judgment of the full bench at principal seat in the case of shamrao (supra), submits that the cooperative society registered under the provisions of the maharashtra cooperative societies act, 1960 and under the multi-state co-operative societies act, 1984, carrying on business of banking and governed by the banking regulation act, 1949 is not state under article 12 of the constitution of india. ..... there should be strict adherence to the provisions of section 74(1) of the maharashtra co-operative societies act, 1960. ..... state co-operative land development bank limited v/s chandra bhan dubey (1999 air (sc) 753)and association of milma officers', thiruvananthapuram and another v/s state of kerala and others (air 2015 kerala 137)submits that writ petition is maintainable against respondent no.6 society. 6. ..... the petitioner has an alternate remedy under section 91 of the maharashtra co-operative societies act, 1960 by way of filing dispute. 8. ..... however, subsequently respondent no.3 has corrected the mistake and communicated that instead of 2%, the expenditure on account of salary and allowances to the employees shall not exceed 2.5%. ..... the first condition speaks that total expenditure on account of administration shall not exceed 2% of the working capital. ..... he has clarified in his affidavit that the permissible expenditure on account of administrative can be upto 2.5%. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... so far as the provisions of section 84 of the 2002 act are concerned, it is clear from what has been observed above that when the 1993 act was enacted as also in 1999 when that act became operative in the region with which we are concerned, though 1984 multi-state co-operative societies act was in force, section 74 of that act which provided remedy was inoperative having been stayed by this court, therefore the provisions of the 1993 act will occupy the field and therefore when the 2002 act was enacted by the ..... sub-section (2b) of section 63 relates to nomination of councillors on the committees and the collector is required to take into account the relative strength of recognised parties or registered parties or groups and nominate ..... councils [(2b) in nominating the councilors, the collector shall take into account the relative strength of recognised parties or registered parties or registered parties or groups and nominate members, as nearly as may be, in proportion to the strength of such parties or groups in the council after consulting the leader of each such party or group: [provided that, the relative strength of the recognised parties or registered ..... it is laid down that in nominating councillors, the collector shall take into account the relative strength of recognised parties or registered parties or groups and nominate members, as nearly as may be, in proportion to the strength of such parties or groups in the council after consulting the leader of each such party or .....
Tag this Judgment!Court : Mumbai Aurangabad
..... as specified below:- (i) elevan (of which, two shall be women, one shall be a person belonging to other backward classes and one shall be a person belonging to denotified tribes (vimukta jatis ) or nomadic tribes) shall be elected by members of the managing committees of the agricultural credit societies and multi-purpose co-operative societies (within the meaning of the maharashtra co-operative societies act, 1960 and the rules made thereunder), functioning in the market area: provided that, where the market committee is situated in tribal areas ..... maharashtra co-operative societies election to ..... he submitted that even if there are even two societies, the member of one society cannot become the member of other society of that village and so, it is necessary to see that there is representation to the village as ..... to challenge the order made by the district deputy registrar of co-operative societies aurangabad, by which the application given by the present petitioners to include their names in voters list of one constituency created under section 13(1) (a) (i) of the maharashtra agricultural produce marketing (development and regulation), act 1963 (hereinafter referred to as the act for short) is rejected. ..... the learned counsel submitted that this court has considered the relevant provisions of the act and the rules and this court allowed the members of village panchayat in that case to vote in the election by making observations with ..... state of maharashtra and ..... state of maharashtra and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... prior to coming into existence of the maharashtra co-operative societies act and the said registration is continued inadvertently and later on in the year 1955 it came to be registered under the provisions of the bombay public trust act, 1950. 4. ..... respondent no.2 allowed the appeal filed by the respondent no.1 holding that since the petitioner society is registered under the maharashtra cooperative societies act, 1960 and rules thereunder, it is covered under section 2(h)(d)(2) of the right to information act, and accordingly directed the petitioner society to provide the information applied by the respondent no.1. 8. ..... however, i find considerable force in the argument canvassed by the counsel appearing for the petitioner that the division bench of this court in the case of goa cricket association (supra) held that the state information commission is a multi member body and commission must consist of state information commissioner and at least one more state information commissioner, and therefore, any appeal or application is required to be considered by the multi member body. 23. ..... distinction which is tried to be made by the counsel for the petitioner that the petitioner is the chairman of the shahada taluka cooperative education society and the information sought is in respect of affairs of the society and not about the school which are receiving grant in aid directly in the account of the head master, and therefore, the petitioner is not obliged to give information sought for. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 5 is the district deputy registrar of co-operative societies, pune. 6. ..... rule 107(14)(iii) of the mcs rules 1961 read thus: (14) (iii) on the expiration of thirty days from the date of sale, if no application to have the sale set aside is made or if such application has been made and rejected, the recovery officer shall make an order confirming the sale: provided that if he shall have reason to believe that the sale ought to be set aside notwithstanding that no such application has been made or on grounds ..... since respondent no.1 could not repay the loan taken, the petitioner bank approached the deputy registrar, cooperative societies, aurangabad for seeking issuance of a recovery certificate under section 101 of the act of 1960. ..... in the light of the request of the petitioner, the effect, execution and operation of the judgment pronounced today, to the extent of writ petition no. ..... 1 has not challenged the impugned judgment separately on account of his other objections having been rejected by respondent no. 3. ..... respondent no.1 has relied upon a judgment of this court in the case of the manager, adarsh mahila nagari sahakari bank ltd and others versus the state of maharashtra and others in writ petition no. ..... therefore, the balance amount of rs.27, 25, 000/- was deposited by a demand draft drawn on the malkapur urban cooperative bank ltd. ..... 2 special recovery officer was purely a noting on the roznama sheet of the proceedings. 52. ..... so far as the multi-fold submissions of respondent no. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... rule 36 deals with voters list, wherein powers are given to the collector to call upon the district deputy registrar of the co-operative societies to prepare and furnish to him the list of the members of the agricultural credit societies and the multi purpose co-operative societies. ..... learned counsel for petitioner had been fair enough to accede to the request of learned assistant government pleader and states that he would file separate petitions in respect of each of the gram panchayats, however, feels that by the time this arrangement is made, interest of the present petitioners-gram panchayats be protected by passing order as in writ petition no.6027 of ..... the petitioners / members assumed charge under section 28 of the maharashtra village panchayats act as members of the petitioners / gram panchayats in between 22/07/2015 and 28/07/2015, by which time, the date for filing nominations was over. ..... according to learned counsel for petitioners, taking into account decision which has been considered while passing order on 10-07-2015 in writ petition no.6027 of 2015 viz; 2010(3) mh. l.j. ..... he submits that though the election was scheduled in the month of march, the same came to be postponed on account of elections to the legislative assembly. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... all accused were charged for commission of offences under sections 366a, 376, 376(2)(g) read with sections 109, 114 and section 34 of the indian penal code and for offence under sections 3, 4, 5 and 7 of immoral trafic (prevention) act, 1956 (pita for short). 3. ..... aaba @ dnyandeo bhagchand gondkar; (6) accused no.12 abdul haq fakir mohammad kureshi; (7) accused no.13 chetan popatlal bhalgat; (8) accused no.14 rajendra shivajirao thorat; (9) accused no.15 ravindra shivajirao thorat; (10) accused no.19 ruchin sharad mehta; (11) accused no.21 raghunath ramnath zolekar and (12) accused no.22 vasant mangu pawara in relation to sections 120b read with section 366a and 109 of the indian penal code and under all sections of immoral traffic (prevention) act, 1956 are set aside. ..... h] judgments on severe sentence while on one hand, there are certain cases where even while upholding the conviction on account of the peculiar facts, such as love affair, compromise arrived later on, that the relations of the parties have turned into matrimonial tie, the victim has been compensated etc ..... situate in vaibhav royal co-operative housing society ltd. ..... state of rajasthan : 2002 cri.l.j ..... in absence of identification parade or other efforts for identification, the very filing of charge sheet turns out to be exercise based on guess work and hence is illegal to be a foundation of conviction. ..... the prosecution has enlisted along with charge sheet in all 53 witnesses. ..... after investigation, the charge sheet was filed. .....
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