Search Results for "section 101 MCS Act"

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Search Results for "section 101 MCS Act"

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High Court

High Court of Judicature at Bombay Resolves Reference on Deposit Requirement for Revision Under Maharashtra Co-operative Societies Act, 1960 - The court held that a litigant challenging only consequential actions pursuant to a recovery certificate under Section 101 is not required to deposit 50% of recoverable dues under Section 154(2A), as the mandate applies solely to challenges against the certificate itself.

4 Mar 2026

The judgment arose from a reference made by a learned Single Judge of the High Court of Judicature at Bombay to resolve an irreconcilable conflict bet...

High Court

Bombay High Court Dismisses Recall and Review Applications in Bank Loan Assignment Case — Consent Order Recorded on Minutes of Order Cannot Be Unilaterally Recalled. Assignment of Debt and Security by Co-operative Bank to Third Party Under OTS Upheld Despite Subsequent Objections by Liquidator and Suspended Director.

11 Mar 2025

The judgment concerns three applications seeking recall or review of an order dated 21 October 2022 passed by the Bombay High Court in Writ Petition N...

High Court

Bombay High Court Upholds Removal of Managing Committee Members in Co-operative Housing Society for Violation of Section 78A MCS Act — Disqualification for One Term Upheld. The court held that the Deputy Registrar's order removing petitioners from managing committee and disqualifying them for one term was valid as they failed to comply with statutory requirements under Section 78A of the Maharashtra Co-operative Societies Act, 1960.

21 Feb 2025

The petitioners, members of JVPD Sterling CHS Ltd., challenged orders dated 13th January 2023 passed by the Deputy Registrar, Co-operative Societies, ...

High Court

"Co-operative Court's Jurisdiction Dispute: Society Challenges Appellate Decision on Eviction Case" "Legal battle over servant quarters' occupancy highlights jurisdictional boundaries in co-operative society disputes."

22 Jul 2024

This is a legal petition challenging the decision of the Co-operative Court, Mumbai, which quashed the judgment of the Trial Court. The dispute revolv...

High Court

Bombay High Court Dismisses Petition Challenging Disqualification of Managing Committee Member for Having More Than Two Children Under Maharashtra Cooperative Societies Act. The court held that Section 154B-23(v) of the MCS Act independently applies to housing societies and incorporates the disqualification ground from Section 73CA(1)(f)(vii), and the authorities had jurisdiction to disqualify the petitioner based on evidence of three children after the amendment's commencement.

13 Jun 2024

The petitioner, a member of the Managing Committee of respondent No.6/Society, was disqualified by the Deputy Registrar Co-operative Society under Sec...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Co-operative Society Recovery Proceedings — Petitioner Failed to Exhaust Statutory Remedy of Appeal Under Section 154 of Maharashtra Co-operative Societies Act, 1960. The court held that writ jurisdiction under Article 226 is not ordinarily exercisable when an alternative statutory remedy is available and no exceptional circumstances exist.

7 Mar 2018

The petitioner, Manisha Bijal Shah, filed two writ petitions under Article 226 of the Constitution of India challenging recovery proceedings initiated...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Co-operative Tribunal Order — Dispute Regarding Land Purchase and Construction Not Maintainable Under Section 91 of MCS Act as It Involves Pre-Society Promoters' Agreement, Not a Society Dispute.

22 Jan 2016

The petitioner, Mayfair Co-operative Housing Society Ltd., filed a writ petition challenging the judgment and order dated 03/07/2006 of the President,...

High Court

Bombay High Court Dismisses Petition Challenging Recovery Certificate Satisfaction Orders in Cooperative Bank Dispute. Special Recovery Officer lacks jurisdiction to adjudicate on validity of recovery certificates or order refund under Maharashtra Cooperative Societies Act, 1960.

4 Oct 2011

The petitioners, M/s. Vilas Transport Co., a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging two or...

High Court

Bombay High Court Dismisses Writ Petition Challenging Industrial Court's Order on Maintainability of ULP Complaint Against Cooperative Society. Section 91 of Maharashtra Cooperative Societies Act, 1960 Bars Industrial Court from Entertaining Disputes Relating to Recovery from Salary by Cooperative Society.

19 Sep 2006

The petitioners, employees of respondent No. 1 cooperative society, challenged a resolution passed by the society on 19/1/1993 to recover amounts from...

High Court

Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

30 Nov -0001

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...

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