Search Results for "rule 107"

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Search Results for "rule 107"

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High Court

Bombay High Court Dismisses Writ Petitions Challenging Criminal Proceedings Under Consumer Protection Act Against Liquidated Co-Operative Bank — Section 107 of Maharashtra Co-Operative Societies Act, 1960 Held Not to Bar Criminal Actions. The court interpreted the words 'other legal proceeding' in Section 107 to be restricted to civil proceedings ejusdem generis with a suit, and thus did not bar criminal proceedings under Section 27 of the Consumer Protection Act, 1986, against a society under winding up.

1 Aug 2018

The judgment arose from two criminal writ petitions filed by a co-operative bank under liquidation and its liquidator, seeking to quash summons and no...

High Court

High Court of Bombay at Aurangabad Addresses Illegal Detention of Accused by Police After Bail in Preventive Proceedings. Court Finds Arrest Under Section 151 CrPC and Remand Under Section 107 CrPC Not in Compliance with Statutory Procedure, Resulting in Violation of Article 21 and Liability for Compensation.

22 Oct 2013

The petitioner filed a criminal writ petition before the High Court of Judicature at Bombay, Bench at Aurangabad, alleging illegal detention by police...

High Court

KAHC010115872016_1

16 Nov 2016

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High Court

Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC.

27 Jun 2024

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in re...

High Court

Bombay High Court Quashes Industrial Court Order Dismissing ULP Complaints of Bank Employees; Holds Claims for Unpaid Wages Not Barred by Limitation or Section 107 of Maharashtra Co-operative Societies Act, 1960. Recurring Cause of Action Principle Applied to Dearness Allowance Claims; Registrar Directed to Grant Permission Under Section 107.

5 Dec 2016

The two writ petitions were filed by employees of Shri P.K. Anna Patil Janta Sahakari Bank Ltd., which had been placed under liquidation. The petition...

High Court

Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

18 Jul 2024

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...

High Court

Bombay High Court Dismisses Application to Condone Delay in Filing Written Statement in Commercial Suit — Mandatory 120-Day Limit Under Commercial Courts Act, 2015 Applies. Court holds that the proviso to Order VIII Rule 1 CPC as amended by Section 16 of the Commercial Courts Act, 2015 is a special provision for commercial disputes and overrides the Bombay High Court Original Side Rules, 1980.

10 Jun 2024

The case involves a Notice of Motion filed by the defendants (applicants) in a commercial suit before the Bombay High Court, seeking to quash the orde...

High Court

Bombay High Court Allows Petition Challenging Auction Sale by Cooperative Bank for Non-Disclosure of Reserve Price and Lack of Proper Notice Under Section 101 of Maharashtra Cooperative Societies Act, 1960. Sale Set Aside as Bank Failed to Comply with Rule 107 of Maharashtra Cooperative Societies Rules, 1961.

30 Jul 2021

The petitioner, Munjaji Kondiba Chate, owned agricultural lands in Beed district, Maharashtra. He had taken a loan from Deenadayal Nagari Sahakari Ban...

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 Allows Interim Application Seeking Ratification of Sale Under Section 536(2) of Companies Act, 1956 — Court Ratifies Sale of Property by Company in Liquidation to Bona Fide Purchaser for Value Without Notice of Winding Up Petition.

10 Jun 2024

The Bombay High Court allowed an interim application filed by the applicant seeking a declaration that the sale agreement dated 5th September 2007 was...

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