Search Results for "MCS Act 1960"

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Search Results for "MCS Act 1960"

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High Court

Bombay High Court Allows Deemed Conveyance Under MOFA Despite Pending CIRP Under IBC — Section 14 IBC Does Not Bar Competent Authority from Exercising Jurisdiction Under Section 11(3) MOFA. The Court held that the statutory right of flat purchasers to obtain deemed conveyance under MOFA cannot be defeated by the pendency of insolvency proceedings against the promoter.

22 Jun 2026

The petitioner, Darshan Mandir Co-operative Housing Society Limited, is a cooperative housing society formed by purchasers of flats in a building cons...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Jurisdiction in Arbitration Claim Petition. Court holds that Section 16 of the Arbitration and Conciliation Act, 1996 provides a remedy against an arbitral award, not an interlocutory order, and that the petition is premature.

4 Sep 2025

The petitioner, a cooperative housing society, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14th Ma...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

21 Nov 2024

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

High Court

Bombay High Court Allows Petition Against Demolition of Residential Structures Without Notice in NMM Kamgar Cooperative Housing Society. Court holds that demolition of structures without prior notice under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 is illegal and violative of natural justice.

7 Jul 2023

The petitioners, residents of NMM Kamgar Cooperative Housing Society in Thane, filed a writ petition challenging the demolition of their residential s...

High Court

Bombay High Court Allows Petitions Challenging Demolition of Structures Under MHADA Act — Held That Occupants in Possession Prior to Cut-Off Date Are Entitled to Rehabilitation and Cannot Be Evicted Without Following Due Process Under Section 33 of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971.

19 Jul 2022

The judgment pertains to a group of writ petitions filed by occupants of structures in slum areas in Mumbai, challenging the demolition of their dwell...

High Court

Bombay High Court Dismisses Petition Challenging Appointment of Administrator to Cooperative Bank Under Section 77 of MCS Act — Alternative Remedy of Revision Under Section 154 Not Exhausted. Court Held That Writ Petition Is Not Maintainable When Statutory Remedy Is Available and No Exceptional Circumstances Exist.

11 Jul 2022

The petitioners, thirteen individuals who are agriculturists and members of the Amravati District Central Cooperative Bank Ltd., filed a writ petition...

High Court

Bombay High Court Dismisses Petitions Challenging Telecom Tower Installations on Cooperative Society Rooftops. Held that telecom towers are not structures requiring consent under Section 79A of Maharashtra Cooperative Societies Act, 1960, and MCGM circular requiring consent is ultra vires.

23 Jan 2019

The judgment concerns four writ petitions filed by residents and cooperative housing societies challenging the installation of telecom towers on the r...

High Court

Bombay High Court Dismisses Second Appeal in Cooperative Society Dispute — Civil Court Has Jurisdiction Over Recovery of Possession. The substantial question of law regarding Section 91 of the Maharashtra Cooperative Societies Act, 1960 was answered in light of Supreme Court precedent holding that disputes between a society and non-members are not barred.

26 Feb 2014

The present second appeal arises from a suit filed by the respondent, Madhaodas s/o Mohanlal Mundhada, who is the Treasurer of Pradhyapak Sahakari Gru...

High Court

Bombay High Court Allows Writ Petition for Appointment of Administrator in Cooperative Society Due to Expiry of Managing Committee Term and Failure to Hold Elections. Members of Specified Cooperative Society Entitled to Mandamus Under Section 73G of Maharashtra Cooperative Societies Act, 1960.

10 May 2013

The petitioners, Dnyandeo Mohan Salunke and Popatrao Baburao Jadhav, are members of the MulaPravara Electric Cooperative Society Ltd., a specified coo...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Recovery Officer's Confirmation of Private Sale. Court Holds That Once Sale Is Confirmed and Possession Delivered, Remedy Lies in Civil Suit for Damages, Not in Writ Jurisdiction Under Articles 226 and 227 of Constitution of India.

29 Nov 2011

The petitioners, Shaikh Gulab Shaikh Ahmed and Ambadas Maruti Kale, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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