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1971 Supreme(Online)(Bom) 12

BOMBAY HIGH COURT
*Padhye, Khan, JJ.
Ramkrishna Paikaji Samarth – Appellant
Versus
Divisional Joint Registrar of the Co - operative Societies – Respondent


Table of Content
1. formation and structure of the cooperative bank. (Para 1 , 2)
2. challenging jurisdiction of the divisional joint registrar. (Para 3 , 4)
3. validity of registrar's powers under s.78. (Para 5 , 18 , 21)
4. interpretation of legislative competencies and overlapping jurisdictions. (Para 6 , 7 , 8 , 13 , 14 , 19 , 20)
5. conclusion of petition dismissal. (Para 22)

1. The petitioner is a Co - operative Society registered under the Maharashtra Co - operative Societies Act , 1960 having its registered office at Nagpur. It does banking business and is known as a Central Co - operative Bank within the meaning of that expression used in the Reserve Bank of India Act , 1934. The primary object of this Society is to finance the other Co - operative Societies in the district and is now covered by the Banking Regulation Act , 1949 as amended by the Banking Laws (Application to Co - operative Societies) Act , 1965 and has been granted a licence under the , 1934. The sole business of the petitioner - Society is that of banking that is to accept deposits from the public and lend the money to the Co - operative Societies in the district and to invest the deposits in other spheres.

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