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Bombay High Court Allows Petition Challenging Disqualification of Cooperative Society Member for Lack of Consultation. Disqualification under Section 73CA(1)(d) of Maharashtra Cooperative Societies Act, 1960 set aside as Deputy Registrar failed to consult federal society before ordering disqualification.

The petitioner, a member of respondent No.2 society, was disqualified by the Deputy Registrar, Cooperative Societies, under Section 73CA(1)(d) of the ...

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Bombay High Court Allows Landlord's Appeal Against Review Order Permitting Tenant to Amend Written Statement in Rent Suit. Amendment Sought After Trial Decree and After Rejection of Earlier Amendment Application, Not Allowed as It Would Circumvent Finality of Decree.

The case arises from a suit for eviction filed by the landlord (appellants) against the tenant (respondents) for default in payment of rent from April...

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Bombay High Court Upholds Striking Off Defence for Non-Payment of Maintenance in Family Court Proceedings. Failure to Pay Interim Maintenance Under Section 18 of Hindu Adoption & Maintenance Act, 1956 Justifies Striking Off Defence Under Order 39 Rule 11 CPC.

The petitioner-husband and respondent-wife married on 3.5.1983. Marital discord led to multiple proceedings: the wife filed for divorce under Section ...

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Bombay High Court Allows Consolidation of Cooperative Disputes for Joint Trial — Revision Order Upheld. Common questions of law and fact justified consolidation under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Tarkude Hotels Pvt. Ltd., filed a dispute (No.254/2006) before the Cooperative Court, Pune, against The Rupee Cooperative Bank Ltd. an...

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Bombay High Court Allows Petition Challenging Disqualification Under Section 14(h) of Bombay Village Panchayats Act, 1958 for Non-Payment of House Tax — Holds That Disqualification Cannot Be Sustained When Tax Demand Was Not Proved to Be in Respect of the Member's Own House.

The petitioner, Ashok Bhimrao Mahure, was an elected member of the Gram Panchayat, Shendurjana Khurd, Taluq Tiwasa, District Amravati. The Gram Pancha...

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Bombay High Court Partially Sets Aside Arbitral Award in Cooperative Bank Dispute for Exceeding Jurisdiction Under MSCS Act and Arbitration Act. Arbitrator's Directions Against Employer and Appointment of Receiver Held Impermissible.

The petitioner, Mr. Ratansi R. Gada, a principal borrower from Abhyudaya Cooperative Bank Ltd., challenged an arbitral award passed by an arbitrator a...

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Bombay High Court Dismisses Husband's Petition Challenging Family Court Orders in Divorce Case. Husband's Absence Justified Orders of No Written Statement and Interim Maintenance.

The petitioner husband filed a writ petition challenging two orders of the Family Court, Mumbai dated 5th January 2010 and 5th April 2010 in a divorce...

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Bombay High Court Allows Appeal by State Financial Corporation Against Injunction Restraining Possession Under Section 29 of SFC Act. Statutory Right to Take Possession Cannot Be Injuncted Without Proof of Arbitrariness.

The appeal arises from a judgment and order dated 21st January 2002 passed by the learned Joint Civil Judge (S.D.), Nasik, allowing the application fo...