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Madras High Court Quashes Recovery Order Against Cooperative Society Secretary Due to Lack of Show Cause Notice and Coerced Consent. Non-issuance of show cause notice prior to recovery of alleged loss from gratuity violates principles of natural justice, despite existence of consent letter.

The petitioner, P. Sunasekaran, served as Secretary of the Police Forces Women Industrial Cooperative Society (fifth respondent). The Society supplied...

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WRIT PETITION NO. 151 OF 2019

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Bombay High Court Allows Petition of Cooperative Housing Society Against Unfair Labour Practice Complaint — Society Not an Industry Under Industrial Disputes Act. Letting out of community hall is a mere adjunct, not predominant activity, hence complaint under MRTU & PULP Act not maintainable.

The case involves a writ petition filed by The Saraswat Suburban C.H.S. Limited and others (petitioners) against Naresh Shyamlal Velendra (respondent)...

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Bombay High Court Quashes MHADA's 10-Year Transfer Ban on Rehab Tenements as Unconstitutional and Ultra Vires. Condition in NOC restricting sale/transfer of tenancy rights for ten years from occupation held to be without statutory authority and violative of Article 300A of the Constitution.

The Bombay High Court dealt with two writ petitions challenging a condition imposed by the Mumbai Building Repairs & Reconstruction Board (a unit of M...

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Bombay High Court Dismisses Developer's Petition Challenging Deemed Conveyance Order in Favor of Cooperative Housing Society. Developer's Obligation to Transfer Land to Society Under Section 11 of Maharashtra Ownership Flats Act, 1963 is Absolute and Not Subject to Limitation.

The petitioners, K.V. Satyamurthy and S.M. Builders, were the owners and developers of a piece of land in Juhu, Mumbai. They constructed and sold 36 b...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...