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Search Results for "member dispute"

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High Court

Karnataka High Court Quashes Disqualification of Taluk Panchayat Member in Election Dispute — Violation of Natural Justice as Show Cause Notice Not Served. Disqualification under Section 12(1) of Karnataka Panchayat Raj Act, 1993 set aside due to lack of opportunity of hearing.

11 Jun 2015

The petitioner, Smt. Palakshamma, was elected as a Taluk Panchayat Member of Davangere Taluk Panchayat. On 12.11.2013, one Sri. Chinnasamudra Shekar N...

High Court

Bombay High Court Examines Validity of Deemed Membership under Maharashtra Cooperative Societies Act. Transfer of Leasehold Plot through Auction Challenged as Violative of Society Byelaws and Lease Deed Conditions.

3 Jun 2019

The Writ Petition arises from a dispute concerning deemed membership in a cooperative housing society. The petitioner, The Sopan Baug Cooperative Hous...

High Court

Bombay High Court Quashes No-Confidence Motion Against Sarpanch for Violation of Section 35 of Maharashtra Village Panchayats Act — Motion Held Invalid Due to Non-Compliance with Mandatory Procedure

12 Oct 2023

The petitioner, Smt. Kalimun Balaso Nadaf, was the Sarpanch of Grampanchayat Udgaon. Respondent Nos. 3 to 11 submitted resignations from the post of m...

High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. The court held that letters from the defendant society did not amount to unequivocal admissions of the plaintiff's ownership, and thus summary decree was not warranted.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. Admission Must Be Unambiguous and Unequivocal for Judgment on Admissions; Letters Merely Acknowledging Receipt of Documents Do Not Constitute Admission of Ownership.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

6 Feb 2024

The case involves two second appeals arising from a property dispute between family members. The appellants in SA-284-2019 were the original defendant...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate and Costs. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum and costs without agreement, but upheld the principal liability under the guarantee.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum with quarterly rests, which was contrary to the contractual rate of 16.5% per annum, and that the award of costs was without reasons.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Allows Petition of Elected Gram Panchayat Members Challenging No-Confidence Motion — Secret Ballot Election of Sarpanch Upheld Under Rule 10(2) of Maharashtra Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964. Court holds that the no-confidence motion was invalid due to lack of proper notice under Section 35 of the Maharashtra Village Panchayats Act, 1959.

5 Jun 2023

The petitioners, elected members of Gram Panchayat Chimbli, challenged the election of Sarpanch and Deputy Sarpanch conducted on 24.02.2021 and a subs...

High Court

High Court of Karnataka Quashes Temporary Injunction Restraining Gram Panchayat President in Election Dispute — Rule 14 of Karnataka Panchayath Raj (Election of Adhyaksha and Upadhyaksha of Gram Panchayath) Rules, 1995 Bars Civil Court from Granting Injunction in Election Matters.

3 Sep 2015

The petitioner, Sri Malappa, was elected as President of Vatadahosahalli Gram Panchayat following elections held on 2 June 2015 under the Karnataka Pa...

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