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Bombay High Court Holds Suit Maintainable Despite Absence of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 — Reliefs Against Society Are Consequential, Not Adversarial

The plaintiff, Kumar Tarachand Laungani, filed a suit against his brother, Deepak Tarachand Laungani (defendant no.1), and Shikarpuri Co-operative Hou...

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Bombay High Court Allows Disqualified Members to Participate in Cooperative Society Election Pending Final Adjudication — Membership Disqualification Set Aside for Violation of Natural Justice

The petitioners, residents of villages in Kolhapur district, claimed to be agriculturists and members of Respondent No. 4 cooperative society. They we...

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Supreme Court Allows Appeal by Students Against Bombay High Court Order Reconducting Admissions to JBIMS as Autonomous Institute. Court Holds That Autonomous Status of JBIMS Had Lapsed and Could Not Be Extended Retrospectively Without Following Due Process.

The Supreme Court allowed the appeal filed by 39 students from the University of Mumbai against the Bombay High Court's judgment dated 25.07.2019. The...

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Bombay High Court Adjudicates Appeal Against Order Rejecting Impleadment in Suit for Specific Performance. Appellants Sought to Be Added as Co-Plaintiffs, Citing Interest in Property and Necessity for Complete Adjudication.

This appeal arose from the order of a learned single Judge of the Bombay High Court rejecting Chamber Summons No.1334/2004, by which the appellants so...

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Bombay High Court Dismisses Writ Petition Challenging Election Process of Cooperative Society for Lack of Jurisdiction. Alternative remedy under Maharashtra Cooperative Societies Act, 1960 held to be efficacious, barring writ jurisdiction under Article 226.

The petitioner, Pramod s/o Pandurang Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Auranga...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Bombay High Court Allows Society's Petition in Servant Quarters Eviction Dispute — Cooperative Court Has Jurisdiction Under Section 91 MCS Act. Dispute for recovery of possession of servant quarters from ex-employee held to be touching management of society, not business.

The Bombay High Court allowed a writ petition filed by a cooperative housing society challenging an order of the Cooperative Appellate Court which had...

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High Court of Karnataka Dismisses Chit Company's Writ Petitions Challenging Arbitration Awards Under Section 34 of Arbitration and Conciliation Act, 1996 — Maintainability of Writ Petitions Against Arbitral Awards Under Section 34 of the Act

The petitioner, M/s Shriram Chits (K) Private Ltd, a chit company, filed multiple writ petitions under Article 226 of the Constitution before the High...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...