Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Government Can't Deny Implied Surrender After Refusing to Accept Possession: Madras HC Clarifies Scope of Section 111(f) of TP Act Custodial Interrogation Must Prevail Over Pre-Arrest Comfort in Hate Speech Cases: Punjab & Haryana High Court Denies Anticipatory Bail for Provocative Remarks Against Migrants Mutation Order Without Notice Cannot Stand in Law: Orissa High Court Quashes Tahasildar's Rejection for Violating Natural Justice Cruelty Must Be Grave and Proven – Mere Allegations of Disobedience or Demand for Separate Residence Don’t Justify Divorce: Jharkhand High Court Rejects Husband’s Divorce Appeal Retaliatory Prosecution Cannot Override Liberty: Himachal Pradesh High Court Grants Bail in PMLA Case Post CBI Trap of ED Officer Illegal Remand Without Production of Accused Is Not a Technical Lapse, But a Constitutional Breach: Andhra Pradesh High Court Grants Bail in Major NDPS Case Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal Findings of Fact Cannot Be Re-Appreciated in an Appeal Under Section 10F Companies Act: Madras High Court Equality Is Not A Mechanical Formula, But A Human Commitment: P&H High Court Grants Visually Impaired Mali Retrospective Promotions With Full Benefits Orissa High Court Rules Notice for No Confidence Motion Must Include Both Requisition and Resolution – Provision Held Mandatory Ashramam Built on Private Land, Managed by Family – Not a Public Religious Institution: Andhra Pradesh High Court Quashes Endowments Notification Cruelty Must Be Proved, Not Presumed: Gujarat High Court Acquits Deceased Husband In 498A Case After 22 Years Trade Dress Protection Goes Beyond Labels: Calcutta High Court Affirms Injunction Over Coconut Oil Packaging Mimicry Mere Filing of Income Tax Returns Does Not Exonerate the Accused: Madras High Court Refuses Discharge to Wife of Public Servant in ₹2 Crore DA Case

Supreme Court Clears Path for High Court to Reassess Cooperative Bank Dispute: ‘No Bar to Decide the Matter Afresh’”

07 May 2024 8:19 AM

By: Admin


In a significant development, the Supreme Court of India, led by Justices M.M. Sundresh and Aravind Kumar, has set a new precedent in the ongoing dispute involving the Osmanabad District Central Cooperative Bank Ltd. And the Maharashtra State Cooperative Bank. The Apex Court, in its latest judgement, clarified that previous orders should not hinder the High Court from reassessing the case on its merits.

The controversy, which has seen various twists and turns over the years, revolves around financial transactions and frozen funds between cooperative society banks. The Supreme Court, in its decision dated November 20, 2023, has directed the High Court to reevaluate two primary issues: the release of funds to the Nagpur District Central Cooperative Bank and the accrued interest on the principal amount of Rs. 30 Crores.

Justice M.M. Sundresh, in his observation, stated, “The earlier orders passed by us will not stand in the way of the High Court to go into the merits of the case on the two issues flagged by us.” This statement has been seen as a significant move to untangle the legal complexities that have stalled the resolution of this dispute.

The Apex Court’s decision comes after noting the prolonged delay in the trial court proceedings of RCC No. 398/2002. Expressing concern over the mechanical adjournments and lack of progress, the Court has instructed the High Court of Judicature of Bombay Bench at Aurangabad to expedite the transfer of records to the trial court. The trial court has been further directed to conclude the trial within six months following the receipt of these records.

Date of Decision: 20th November 2023

THE OSMANABAD DISTRICT CENTRAL COOPERATIVE BANK LTD. VS THE STATE OF MAHARASHTRA & ORS.

Latest Legal News