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Bombay High Court Allows Petition Challenging SCEA Directive Excluding Retired Employees from Voter List in Salary Earner's Co-operative Bank Elections. Directive Issued Without Authority Under Maharashtra Co-operative Societies Act, 1960, and Bye-laws Permitting Retired Members to Vote Must Be Respected.

The petitioners, Nashik Zilla Sarkari and Parishad Karmachari Sahakari Bank Ltd. (a salary earner's co-operative bank) and some of its retired employe...

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Bombay High Court Upholds Validity of Section 21(5) of Bombay Sales Tax Act, 1989 Allowing Non-Judicial Member as President of Tribunal. Challenge to Appointment of IAS Officer as President Dismissed as Provision Does Not Violate Basic Structure.

The Sales Tax Tribunal Bar Association and its President filed a writ petition before the Bombay High Court challenging the constitutional validity of...

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Bombay High Court Quashes Inquiry Order Against Cooperative Society and Remands for Fresh Consideration. Registrar's Suo Motu Power Upheld but Exercise Lacked Application of Mind and Proportionality.

The petitioner, Janhit Nagari Sahakari Pat Sanstha Maryadit, a Cooperative Credit Society registered under the Maharashtra Cooperative Societies Act, ...

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Bombay High Court Dismisses Petition Challenging Cooperative Court Orders in Property Dispute Between Member and Housing Society. Member's claim for plot allotment fails as cancellation by NIT and subsequent sale to third party upheld due to member's failure to construct within stipulated time.

The petitioner, a member of the respondent Nagpur Cooperative Housing Society Ltd., was allotted plot No.122 by the Society, which had obtained 13 plo...

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Bombay High Court Examines Challenge to Final Voters List in Cooperative Society Election. Court Considers Whether Non-Payment of 1% Supervision Charges Constitutes Default Disqualifying Member Societies from Voting Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

This writ petition was filed by 18 cooperative societies, all members of Amravati Jilha Majur Sahkari Sansthancha Sangha Maryadit (respondent No.2), a...

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Bombay High Court Dismisses Appeal Against Order Requiring Preliminary Issue on Jurisdiction Under Section 9A CPC. Once a Jurisdictional Objection is Raised, the Court Must Frame a Preliminary Issue Even if the Defendant Later Seeks to Withdraw It at the Interlocutory Stage.

The First Respondent (Mumbai International Airport) filed a suit against the Appellant (Mukund Ltd.), the Airports Authority of India, and the State o...

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Bombay High Court Dismisses Appeal Challenging Civil Court Jurisdiction in Co-operative Society Property Dispute. Jurisdiction of Civil Court upheld over Co-operative Court for disputes involving title and possession of immovable property, not management or business of society.

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dismissing three Notices of Motion taken out by the Sixth and Seve...

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Bombay High Court Dismisses Petition of Cooperative Housing Society Challenging Deemed Membership of Assignee. Transfer of Leasehold Interest Valid Under Maharashtra Cooperative Societies Act, 1960, Sections 22, 23, 24.

The petitioner, The New India Cooperative Housing Society Ltd., challenged concurrent orders of the Divisional Joint Registrar and Deputy Registrar un...

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Bombay High Court Dismisses Section 9 Petition for Lack of Jurisdiction in Commercial Arbitration Dispute. Exclusive jurisdiction clause in agreement conferred jurisdiction on Hyderabad courts, not Bombay High Court.

The petitioner, Aniket SA Investments LLC, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures pe...