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Search Results for "cooperative society loan"

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High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Ex-Committee Members Under MCS Act. Failure to Furnish Minutes and Video Recording of AGM to Fellow Member Attracts Disqualification Under Section 78(1)(b) of Maharashtra Co-operative Societies Act, 1960.

1 Jul 2026

The petitioners, who were ex-members of the managing committee of Vaishali Nagar Mahalaxmi Co-operative Housing Society Limited, challenged their disq...

High Court

Bombay High Court Dismisses Partition Suit by Second Wife Against Stepchildren — Agreement of 1989 Bars Claim to Deceased Husband's Properties. Court Holds That Plaintiff Voluntarily Relinquished Rights to Movable and Immovable Properties of Sureshchandra Jhaveri by Agreement Dated 03.05.1989, Which Was Not Vitiated by Coercion or Misrepresentation, and That Properties in Exhibit-A Were Not Self-Acquired Properties of Deceased.

10 Jun 2024

The Plaintiff, the second wife of Sureshchandra Jhaveri, filed a suit seeking a declaration of her one-fourth share in the suit properties described i...

High Court

Bombay High Court Allows Writ Petition Challenging Attachment Notice Against Bona Fide Purchaser of Flat from Borrower. Recovery Certificate Not Binding on Purchaser Who Paid Full Consideration Before Loan Availed.

19 Dec 2023

The petitioner, Swati Mangesh Sawant, filed a writ petition challenging a notice dated 12 March 2021 issued by the Special Recovery Officer and a Reco...

Supreme Court

Supreme Court Upholds High Court's Stay Order in Criminal Proceedings Against Bank Officials - Interim Protection Maintained Pending Quash Petitions. High Court's reasoned interim stay of criminal proceedings including arrest was justified given overlapping civil writ petitions and election disputes in a multi-state cooperative bank.

20 Jul 2021

The Supreme Court considered special leave petitions challenging an order of the High Court of Telangana that granted stay of all further proceedings,...

High Court

Bombay High Court Dismisses Petition Seeking Fair Investigation in Bank Fraud Case — No Direction to Transfer Investigation to CBI or ACB as Petitioner Not an Aggrieved Party Under Section 154 CrPC. Third-party social worker lacks locus standi to seek transfer of investigation after charge-sheet filed.

9 Oct 2019

The petitioner, Sadashiv Ambadas Gaike, a social worker, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a direc...

High Court

High Court of Karnataka Quashes Charge Sheets Against Cooperative Society and Chairman in CBI Bank Fraud Case — Lack of Sanction Under Section 197 CrPC and Section 155(2) of Companies Act Renders Prosecution Invalid. The court held that prosecution for offences under the Companies Act requires prior sanction under Section 155(2), and in its absence, the charge sheets are liable to be quashed.

20 Feb 2019

The petitioners, M/s. Ghataprabha Sahakari Sakkare Karkhane Niyamit (a cooperative society) and its Chairman, Lakhan Laxmanrao Jarkiholi, filed two wr...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property for Non-Compliance with Recovery Rules. Court holds that failure to serve notice of sale proclamation on the judgment-debtor at his updated address vitiates the sale, but the petitioners failed to approach the Recovery Officer under Rule 61 of the Second Schedule to the Income Tax Act, 1961 within the prescribed period or seek condonation of delay with sufficient cause.

10 Jun 2015

The petitioners, M/s. Hotel Paras Garden and its proprietor Prabhakar Digambar Lande, challenged the auction sale of their mortgaged property conducte...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application Under Order 7 Rule 11 CPC — Suit for Declaration and Injunction Not Barred by Cooperative Court Jurisdiction. The court held that the dispute regarding sale of property by a cooperative society to third parties does not fall within the ambit of 'business of the society' under Section 91 of the Maharashtra Cooperative Societies Act, 1960, and thus the civil suit is maintainable.

23 Feb 2015

The case involves a Civil Revision Application filed by the applicants (original defendant nos. 1 and 2) against an order dated 17th July 2013 passed ...

High Court

Bombay High Court Dismisses Criminal Applications Challenging Cooperative Society Elections — No Criminal Offence Made Out in Dispute Over Voters' List and Election Process. Dispute is Civil in Nature and Remedy Lies Under Maharashtra Cooperative Societies Act, 1960, Not Criminal Law.

30 Nov -0001

The applicants, Hari Shankar Patil, Yogesh Hari Patil, and Sakharam Shankar Patil, filed Criminal Application No.1150/2007 and Criminal Application No...

High Court

Bombay High Court Dismisses Writ Petition Challenging Recovery Proceedings Under Maharashtra Cooperative Societies Act — Cooperative Bank's Recovery of Loan Dues Upheld Against Borrowers and Guarantors. Alternative Remedy of Arbitration Under Section 91 of the Maharashtra Cooperative Societies Act, 1960, Precludes Writ Jurisdiction.

30 Nov -0001

The petitioners, Dr. Annasaheb Choughle Urban Cooperative Bank Ltd. and its Special Recovery Officer, filed a writ petition before the Bombay High Cou...

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