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Search Results for "cooperative housing society"

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High Court

Bombay High Court Dismisses Petition Challenging Cooperative Society's Refusal to Admit Member Under Section 23 of Maharashtra Cooperative Societies Act, 1960. Court upholds society's right to reject membership based on non-compliance with by-laws and lack of eligibility.

14 Oct 2025

The petitioner, Dilip Bobde Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the r...

High Court

Bombay High Court Allows Return of Dispute to Civil Court in Co-operative Society Employee Termination Case — Jurisdictional Bar Under Section 91 MCS Act Does Not Preclude Return Under Order VII Rule 10 CPC. The court held that the Co-operative Court lacked jurisdiction over service disputes but could return the plaint under Order VII Rule 10 CPC for presentation before the Civil Court.

6 Aug 2024

The petitioner, Madhukar Mahadev Patil, was an employee of the Sangli Zilla Madhyawarti Sahakari Bank Ltd., a co-operative society. He was terminated ...

High Court

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.

22 Jul 2024

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

High Court

Bombay High Court Quashes SRA Acquisition Notice for Church Land, Upholds Owner's Preferential Right to Redevelop Slum. The Court held that the owner of slum land has a preferential right to redevelop the land under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and the Slum Rehabilitation Authority cannot acquire the land for a private developer without considering the owner's proposal.

11 Jun 2024

The petitioner, a public trust managing Mount Mary's Church in Bandra, Mumbai, owned land admeasuring 9371.30 sq. meters, out of which 1596.40 sq. met...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Court Order in Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under MCS Act, 1960. The court held that the dispute regarding common amenities and parking spaces between a cooperative housing society and its members is exclusively triable by the Cooperative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and civil court jurisdiction is barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Dismisses Writ Petition Challenging Cooperative Court Order in Housing Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under Maharashtra Co-operative Societies Act, 1960. The court held that any dispute touching the business of a cooperative society between the society and its members falls within the exclusive jurisdiction of the Cooperative Court under Section 91 of the MCS Act, and civil courts are barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in Tender Dispute — No Prima Facie Case for Injunction Against Redevelopment Tender Process. Court Held That Appellant Failed to Show Any Legal Right to Be Considered as Developer and That Balance of Convenience Was Against Granting Injunction.

7 Apr 2016

The appellant, Ornate Housing Pvt. Ltd., filed a suit in the City Civil Court, Mumbai, seeking to restrain Respondent No.1, the Abhyuday Nagar Sahakar...

High Court

Bombay High Court Allows Society's Possession Claim in Tenant Copartnership Housing Society Dispute — Transfer of Flat Without Consent Invalid Under Bye-Laws and Maharashtra Cooperative Societies Act, 1960. The court held that the petitioner, claiming through an invalid transfer, is in illegal occupation and liable to be evicted.

7 Jul 2015

The writ petition was filed by Tedco Exports Pvt. Ltd. challenging the order of the Maharashtra State Cooperative Appellate Court which allowed the ap...

High Court

Bombay High Court Allows Letters Patent Appeal in Cooperative Housing Society Dispute — Maintainability Upheld as Dispute Not Between Landlord and Tenant. The Court distinguished the Supreme Court's ruling in Shalini Shyam Shetty v. Rajendra Shankar Patil, holding that the bar on Letters Patent Appeals under Article 227 applies only to landlord-tenant disputes under the Rent Control Act, 1999.

28 Oct 2010

The appellant, Ramchandra Krushnarao Pitale, an 87-year-old pensioner, filed a Letters Patent Appeal against the judgment and order dated 15.6.2009 pa...

High Court

Bombay High Court Allows Petition by Society Members Against Unauthorized Construction and Demolition by Developer. Members have locus standi to challenge illegal construction; administrator must act lawfully.

30 Nov -0001

The petitioners, who are members of the Linking Road Housing Society Limited, filed a writ petition challenging the unauthorized construction and demo...

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