Court : Madhya Pradesh
Reported in : AIR1974MP164; 1974MPLJ447
..... the petitioners seek to have the order, dated, 22-6-1972 (annexure x to the petition) issued by the assistant registrar, cooperative societies, district mandsaur quashed hereby. ..... according to section 49 of the act, the society was required to call the annual general meeting within a period of 12 months from the date of last annual general meeting and if the term of the committee was to end within a period of three months from the date of the annual general meeting, then the election of the members of the committee had also to be held therein. ..... co-operative societies act, 1960 (hereinafter referred to as the act). ..... both these objections are also supported on the ground that the adjudication of the dispute involves determination of disputed questions of fact which could be more properly gone into in an appeal under section' 77 of the act or an adjudication made by the registrar under section 64 of the act.in view of the facts of this case and the circumstances which have led to the filing of this petition, we are of the opinion that this petition cannot be thrown out on such preliminary objections. ..... it is no doubt possible to say that the impugned order (annexure x) made under section 57 (a) of the act may have been in consequence of the dispute relating to the election; but it does not make the dispute as one arising in connection with the election of the society. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1987]164ITR713(MP)
..... on behalf of the assessee, it was submitted that the assessee is a cooperative society engaged in the business of banking and the income derived by the assessee-bank is from banking ..... counsel submitted that the bank, in the present shape, was formed under the madhya pradesh co-operative societies act, 1960, and, therefore, its functions are governed under the provisions of the madhya pradesh co-operative societies act, 1960 (hereinafter referred to as the 'societies act'). ..... under section 44 of the societies act, investment of funds has been dealt with and sub-section (2) of section 44 provides that the reserve fund of a society shall be invested or utilised only in such a manner and on such terms and conditions as may be laid down by the registrar in this behalf ..... under section 43(2) of the societies act, a society is required to transfer, unless exempted by a general or special order of the registrar, at least 25% of its profits to its reserve ..... is a reference made by the income-tax appellate tribunal (hereinafter referred to as 'the tribunal'), at the instance of the revenue, (commissioner of income-tax) under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act '), to answer the following question :'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the income derived by the assessee from interest on securities was exempt as per provisions of section 80p(2)(a)(i) of the income-tax act, 1961 ?'3. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1984MP164
..... registrar, co-operative societies, bhopal (annexures 11 and 12) purported to have been passed under sections 57 and 60 of the cooperative societies act, 1960 (hereinafter referred to as the act) for seizure of the records of the society as it was reported that there were some illegalities and irregularities committed by the society in allotment of the plots in favour of some members of the society. ..... no person will be allowed to acquire a plot through a cooperative society, if- (i) he or any of his near relations (father, mother, dependant brother, dependant sister or children) owns a residential plot in the city in which the co-operative society exists; (ii) he has already been allotted elsewhere a residential plot through a cooperative society. ..... section 57 of the act has been enacted with the aim and idea to fulfil the object of the whole scheme of the cooperative movement so that co-operative societies may not function arbitrarily in the manner they liked. ..... could enquire into the affairs of the society, by invoking the relevant provisions of the act and as such any action taken under sections 57 and 60 of the act against the society is within the powers of the dy. ..... on the other hand, we have no hesitation to say that the provision of section 57 of the act has been enacted to safeguard the interests of the members of the society so that under the fear of section 57 of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP63; 1991(0)MPLJ530
..... . and member institutions, securing from the government or other sources requisite facilities, assistance and financial aid both for itself and member institutions, holding of seminars, conferences, meetings and to undertake publicity, propaganda and similar other activities that may help the development of consumers' cooperative movement; co-ordinate the working of its member institutions, etc.secondly: section 19 of the multi-state co-operative societies act, 1984 read, with bye-law 4 relate to membership ..... is a co-operative society registered under the delhi co-operative societies act, 1973 and later came under the operation of the multi-states co-operative societies act, 1984, vide section 2(b) of the said act; that the n.c.c.f. ..... each to be subscribed by members, pausing here, the delhi decision, 1989 lab ic 940 (delhi) where, it seems, parties places materials showed, that the central government as a member contributed 45 per cent of capital, yet, the fact is that the remaining major share capital of 55 per cent was from other sources, such as state federations, member co-operative societies, apex bodies/nafed.fifthly: the functioning under bye-laws 19(a) the supreme authority of the federation is vested in the general body of members' clause (b) refers to the composition of this body .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT472
..... the parliament has thus consistently made the meaning of banking company' clear beyond doubt to mean 'a company engaged in baking, and not a cooperative society engaged in banking' and in act no. ..... 28-1-2003 reads as follows:s.o.105 [h]- in exercise of the powers conferred under item (v) of clause (c) of sub-section (1) of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002), the central government hereby specifies 'co-operative bank' as defined in clause (cct) of section 5 of banking regulation act, 1949 (10 of 1949) as 'bank' for the purpose of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002).in the absence of any challenge to the said notification, the contention of the appellants, that the provisions of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1986MPLJ329
..... it is true that section 64(2)(v) of the act provides that 'any dispute arising in connection with the election of any officer of the society or representative of the society or of composite society,' can be referred to the registrar by any of the parties to the dispute and the decision of the registrar on the said dispute shall be final and not liable to be called in question in any ..... co-operative societies act, 1961 (hereinafter referred to as the 'act'), will be available to the petitioner after the elections have been ..... the purpose of this section is to protect an act of a society or of any committee or of any officer of the society from being declared invalid by reason only of a defect in the procedure or in the constitution of the society or of the committee or in the appointment or election of the ..... this clause, the respondent-registrar has appointed district collector or an officer nominated by him, who should not be below the rank of the deputy collector, to be the returning officer for holding the election of the district cooperative bank. ..... was a case under section 53 of the act, authorising the registrar to appoint a committee to manage the affairs of the society. ..... brij bihari gupta's case (supra), the division bench considered the provisions of section 64 of the act and held that once a writ petition has been admitted for hearing and stay granted, it will not be proper to throw the same out on the ground of alternative remedy after the declaration of election results. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1998MP328; 1998(2)MPLJ370
..... cooperative societies act, 1960. ..... we, therefore, commend to the central government to prescribe appropriate guidelines laying down the true scope of the term 'weaker sections of the society' so that everyone charged with administering the statute would find it convenient to implement the same.' 56. ..... narayan khimalal totame) which dealt with the expression 'weaker section of the society' in which supreme court had directed the central government to prescribe appropriate guidelines laying down true scope of the aforesaid expression. ..... reference has also been made lo section 73 of the adhiniyam of 1973, whereby the respondent/joint director has been empowered to impose any condition on the society, while sanctioning the layout plan. 11. ..... , reserving 15% of land by a housing society for informal sector, order dated 18-6-1992, passed by joint director, directing to earmark 15% of land for informal sector, while sanctioning the layout plan, and the appellate order, passed by commissioner on 7-3-1996, dismissing the appeal, upholding the aforesaid orders. ..... since, specified direction was given to the appellate authority to consider ambit and scope of article 300a of the constitution of india, while considering the appeal on merits, it was incumbent on the part of the appellate authority to consider the same, in the light of the order passed by the high court. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT326; 2005(3)MPLJ241
..... the registrar, cooperative societies, bihar and anr. ..... reason i am not dealing the submission raised by shri dixit, learned counsel for petitioner ..... dealing with the submission raised by the learned counsel for respondents that the order of chief minister directing to issue order, allowing to join services to the petitioner is ineffective in view of articles 154 and 166 of the constitution of india that all executive steps of the state shall be expressed to be taken in the name of the governor and the executive power of the state shall be vested in the governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution and for the same .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(1)MPLJ244
..... 'thus, the idea behind is whether a corporation which has been created under the statute or under the cooperative societies act or any other enactment is an instrumentality or agency of the government. ..... dugdha mahasangh sahkari maryadit registered under section 9 of the cooperative.societies act. ..... from time to time sub-divide or consolidate its shares.article 39 says - subject to the approval of the governor and subject to the provisions of section 292 of the act, the 'board' may by means of resolution passed at meetings of the board from time to time, borrow and or secure the payment of any sum or sums of money for the purposes of the company.article 40 provides that the directors may, subject to the approval of the governor, secure the repayment of such moneys in such manner and upon such terms and conditions in all ..... sc 101, in which almost analogous rule of the delhi transport authority (conditions of appointment and service) regulations came up for consideration, regulation 9(6), which provided termination of permanent employee of the corporation without assigning reason after giving a notice and without giving any opportunity of hearing before passing termination order, was found to be arbitrary, unfair, unjust, unreasonable and opposed to public policy.this court also in the case of samarendranath sengupta (supra) and in the case of suresh kumar kewat v. m.p. ..... similarly in the case of delhi transport corporation v. d. t. c. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP328
..... 2 has worked as district judge and additional district judge after 1982 for about seven years and, therefore, held the office of the district judge for more than five years and is qualified under section 77(3)(a) of the cooperative societies act to be appointed as chairman of the tribunal. ..... regard to the jurisdiction, the arbitration and conciliation (amendment) bill, 2003 was introduced in the rajya sabha on 22-12-2003 inserting an amended provision of section 2-a after section 2 of the principal act which stipulates that the principal civil court of original jurisdiction in a district or the court of principal judge of the city civil court of original jurisdiction in a city, as the case may be, may, from time to time, transfer any matter relating to any proceedings under this act which is pending before it, to any court of co-ordinate jurisdiction in the district or the city, as the case ..... (as his lordship then was), dealt with the controversy which pertained to the issue that only the principal district judge at delhi alone had the territorial jurisdiction to entertain an application under section 9 of the act and the vith additional district judge, vishakhapatnam had no jurisdiction to deal with the application under section 9 of the 1996 act.14. .....
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