Judgment Search Results Home > Cases Phrase: the chhattisgarh cooperative societies recovery of losses act 2007 Page 1 of about 527 results (0.210 seconds)

State of Rajasthan Vs. Uka and ors.,

Court : Rajasthan

..... by the order dated 5.5.2005, the division bench hearing the appeal considered it appropriate to refer the matter to larger bench for reconsideration of the judgment rendered in asuram's case (supra), in view of the following arguments raised by learned counsel for the land development bank:(i) sub-section(1) of section 43 of the act of 1955 provides that a khatedar tenant may hypotheticate or mortgage his interest in the whole or part of his holding, for the purpose of obtaining loan from the land development bank of the state government or development bank or cooperative societies or any scheduled ..... therefore, the restriction imposed under section 14 (4) of the act and sub-rule (14) of rule 5 of the rules of 1976 not to alienate the property by sale by the bank except to members of sc/st is ultra vires, so also, contrary to provisions of the rajasthan tenancy act, 1955 because after enactment of the act of 1974, in which, section 3 is inserted enabling the sc/st cultivator to obtain financial assistance by creating charge or mortgage upon his land in favour of the bank and, in the event of recovery of dues by the bank under section 14 of the act of 1974, the restriction imposed under section 42 of the rajasthan tenancy act, 1955 will .....

Durg Sahkari Vipnan Samiti Maryadit and ors. Vs. State of Chhattisgarh ...

Court : Chhattisgarh

Reported in : AIR2007Chh120

..... by notification dated 21st march, 2006) of the order, 2004 whereby the primary credit cooperative societies or primary agriculture credit societies have been held to be eligible for allotment of fair price shops is ultra vires to chhattisgarh co-operative societies act, 1960.the policy decision of the state in not allowing the work of lead agencies and running fair price shops together by the same agency is not opposed to public policy and as such is not open to judicial review.the policy decision of the state in imposing ceiling of maximum 3 numbers of fair ..... price shops to one agency is not opposed to the public .....

Veena Mahajan vs.the Registrar, Office of the Registrar of Cooperative ...

Court : Delhi

..... had to approach the respondent no.1/rcs by filing an application under section 84(1) of the delhi cooperative societies act, 2003, for issuance of a certificate for a sum of rs.1,34,79,105/- alongwith the interest. ..... ranjith nain, advocates versus the registrar, office of the registrar of cooperative societies and ors ........ ..... ranjith nain, advocates versus the registrar, office of the registrar of cooperative societies and ors ........ ..... ranjith nain, advocates versus the registrar, office of the registrar of cooperative societies and ors ........ ..... accordingly, the assistant collector, cooperative societies had issued a certificate dated 26.05.2008, certifying inter alia that a sum of rs.1,34,79,105/- was outstanding as arrears as on 30.09.2006, including w.p. ..... had filed a petition under section 60 of the delhi cooperative societies ltd. ..... (c)281/2013 praying inter alia that the respondent no.2/society be called upon to come up with the correct amounts payable by individual members towards the liability of the society and thereafter, release the mortgage of the flats of the members, who had paid their shares. ..... , 1972 against the respondent no.2/society and the loanee members, for recovery of rs.15,26,354/-, as on 31.12.2000. w.p. ..... (c) 5942/2013, 8094/2013 and 2737/2014 page 4 of 8 appointed an enquiry officer, who was directed to conduct an enquiry against some of the delinquent office bearers, who had caused a loss of rs.76,15,673/- to the society. .....

The Maharashtra State Cooperative Bank Limited Through Its Chief Offic ...

Court : Mumbai

Reported in : 2008(4)BomCR719

..... msc bank is brought within the definition of bank as defined under section 2(1)(c), by virtue of a notification of the central government, in exercise of the powers conferred by section 2(1)(c)(v) of the securatization act; with effect from 28-01-2003, that will not exclude a borrower who has borrowed the loans or received financial assistance either before commencing into force of securatization act on 21-06-2002 or those who have received financial assistance before 28-01-2003 from the cooperative societies which are brought within the definition of 'bank' with ..... of 2007 with the prayer clauses in the main writ petition, it can be seen that, there has been sea-change in the policy and approach of the msc bank, probably because, recovery of dues is the paramount ..... say that, by taking into consideration expected sugar-cane crushing, the production of sugar, income from sale of sugar (90% free and 10% levy), liability to pay interest towards loans of the banks, excise duty, advocate shri salunke has tried to demonstrate that the sick sugar factory, even if run on the basis of lease, or by the liquidator, it is not likely to run into profits,but likely to incur loss of more than rs. ..... submissions, advocate shri salunke has annexed, extracts from the annual reports for the years 1993-94 to 1999-2000 and pointed out that during these years, total losses accrued are to the tune of rs. ..... , in case of other factories running into losses in the year, none of those ran properly without packages .....

H. Rajender Vs. Managing Director, Agricultural Co-operative Associati ...

Court : Andhra Pradesh

Reported in : 2007(6)ALD184; 2007(4)ALT769

..... in the counter affidavit, filed by the 1st respondent-society, it is stated that the 1st respondent-society was established under the multi-state cooperative societies act and was an apex premier cooperative society serving the farming community in the nizam area which consists of telangana and parts of karnataka and maharashtra and that the society is under the administrative control of the state government. ..... it stated that these vacancies could not be filled up as haca was continuously running in losses and that the petitioner's case for promotion could not be considered as there was no scope for future promotion of senior assistants as all the 12 posts in the promotion quota had already been filled up. ..... petitioner would submit that he was placed under suspension from 29-11-1989 to 21-01-1990 for one month and 23 days and was imposed the minor penalty of censure and recovery, vide proceedings dated 19-01-1990, on the ground that there was shortage of stock of rs. ..... petitioner would contend that, since the 1st respondent issued a notification in 1996 to fill up the posts of senior assistants by direct recruitment of sc/st candidates, it could not be said that there was no clear vacancy and that the punishment of censure, and recovery of rs. .....

Federal Bank Ltd. Vs. K. Meenakshy Kanikan and ors.

Court : Kerala

Reported in : [1994]81CompCas490(Ker)

..... the words 'a cooperative society registered or deemed to be registered under the kerala co-operative societies act', though a single category, denotes a genus of which co-operative society is a species. ..... some of the transfers falling within the exemption are these :(a) leases of the lands of tribals granted to public servants like administrator-general/official receiver ; (b) mortgages of the lands by tribals in favour of the government for securing loan from the government ;(c) mortgages of immovable property by tribals in favour of cooperative societies.28. ..... , 'a cooperative society registered or deemed to be registered under the kerala co-operative societies act'. ..... the legislature, aware of this, considered that cooperative societies should be trusted with exemption from the act.29. ..... in order to attract the exemption, the transferee must belong to one or the other of the following categories :(i) a co-operative society registered or deemed to be registered under the kerala co-operative societies act, 1969 ; or (ii) a corporation; or (iii) a nationalised bank ; or (iv) any other financial agency not being a private agency or a money-lender.13. ..... the petitioner seeks exemption from the operation of the act under clause (c) of section 3 of the act which lists the entities to whom the act does not apply and claims the right to enforce the mortgage on the ground that it falls in the exempted category of creditors, viz. ..... 280 of 1976, for recovery of rs. .....

Balbir Singh and Others Vs. Registrar Coop. Societies Punjab and Anoth ...

Court : Punjab and Haryana

..... the contention that the pay of the petitioners should be housefed or government cannot be accepted because they are not employees of housefed or government but of different societies, which are autonomous, independent and separate body corporate as per section 30 of the punjab cooperative societies act, 1961. ..... although the registrar has the power to issue directions under rule 45 of the punjab cooperative societies, rules 1963, such directions have to be issued for the benefit and the efficient functioning of the society after taking into consideration all the circumstances. ..... in fact, keeping in view the meager quantum of business of these housing societies and the fact that the real work of advancement and recovery of loan is to be done by the secretaries posted and paid for by housefed, these societies do not appear to require full time peons. ..... they are also directed to make serious efforts to substantially improve the recovery of loan so that they can meet their genuine expenditure and pay salaries to their staff. ..... it is clear that the petitioners were engaged as peons even when there was no justification for the societies for employing the petitioners.especially when disbursal and recovery of loans was to be done by the sandeep sethi 2014.07.09 09:35 i attest to the accuracy and integrity of this document cwp no.3355 of 2014 -3- secretary posted in these societies by housefed. .....

Nagendra Rai Son of Late Jagdish Rai Vs. Registrar, U.P. Cooperative S ...

Court : Allahabad

Reported in : 2006(4)AWC4110

..... to transfer the members from one place to another within the district(iii) to ensure recovery of the contribution(iii) to ensure recovery of the contribution levied on the society in the district;(iv) to classify the societies in the district in various categories according to their annual lending as provided in rule-4(v) to arrange absorption of the existing employees of the societies after their screening in accordance with the instructions issued by the registrar, cooperative societies u.p. ..... :(d) sign and authenticate all documents for and on behalf of the society;(e) be responsible for the proper maintenance of various books and records of the society and for the correct preparation and timely submission of periodical statement and statements and returns in accordance with this act, the rules the bye-laws and the instructions of the registrar or the state government:(f) convene meetings of the general body the committee of management and any sub-committee constituted by the committee of management and maintain proper records of such meetings : ..... censure(ii) withholding of increment(iii) recovery from pay on security deposit to compensate in whole or in part for any pecuniary loss caused to the society by the member's conduct,(iv) reduction in rank or grade:(v) removal in rank or grade(vi) dismissal from service(b) copy of the order of the punishment shall invariably be given to the member concerned and entry to this effect shall be made in the service record of the member. .....

Phoneix Impex Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1998Raj100; 1998(1)WLC725; 1998(1)WLN131

..... the subject of co-operativesocieties is not included in the union list rather it comes in entry 32 of list ii of schedule vii appended to the constitution, and therefore, this argument cannot be allowed to prevail that the provisions of rajasthan act of 1965 dealing with recovery of the loans from its members by the cooperative societies arc violative of the provisions of the union list. ..... it is on the issuance of the notification that the appellant filed writ petition alleging that the amount shown in the notification was not outstanding against it and also that the bank could not recover the amount in accordance with the procedure laid down in the rajasthan cooperative societies act, 1965 as on 24th june, 1993 central act no. ..... it is formed and registered under the rajasthan cooperative societies act of 1965. ..... therefore, the proceedings of recovery were taken under the provisions of the rajasthan co-operative societies act (to be hereinafter referred to as 'the rajasthan act of 1965'). ..... 23 of 1965) which is to the following effect makes the position crystal clear:-- 'an act further to amend the reserve bank of india act, 1934 and the banking companies act, 1949 for the purpose of regulating the banking business of certain co-operative societies and for matters connected therewith.' 12. .....

Karnataka Rajya Kaigarika, Sahakara Bank Niyamita and anr. Vs. V. Kris ...

Court : Karnataka

Reported in : 2012(3)KCCR2092

..... the reasons stated above and adopting pervasive and meaningful interpretation of the provisions of the relevant status 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 cooperative 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 ..... therefore, the cooperative societies/banks cannot be the subject matter of the central legislation and they cannot be put in the same category as corporate banks for the purpose of enforcing security interest. ..... case, the question that arose for consideration was the application of recovery of debts due to banks and financial institutions act, 1993, for short, hereinafter referred to as rdb act, to a cooperative bank constituted under the state co-operative societies act. ..... , & ors,reported in air 2007 sc 1584and held that the banking company as defined under section 5(c) of the banking regulation act. ..... the learned single judge of this court allowed the writ petition by his order dated 12.07.2007 following the judgment of the apex court in greater bombay co-operative bank ltd versus m/s. .....