Search Results for "MCS Act"

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Search Results for "MCS Act"

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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 Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Cooperative Society Property Dispute. Petitioners Failed to Prove Possession Over Suit Property, No Prima Facie Case Established for Injunction Under Order 39 Rules 1 and 2 CPC.

1 Oct 2025

The petitioners filed a writ petition challenging the order dated 30.11.2024 passed by the District Judge-1, Karad, which dismissed their appeal again...

High Court

Disqualification in Cooperative Housing Societies Under Maharashtra Co-operative Housing Societies Act

13 Jun 2024

The disqualification of a petitioner from the Managing Committee of a Cooperative Housing Society under the Maharashtra Cooperative Societies Act, 196...

High Court

Bombay High Court Dismisses Society's Petition Challenging Mandatory Injunction in Favour of Flat Purchasers. Co-operative Housing Society Cannot Deny Membership to Purchasers from Developer Without Following Bye-Laws and Natural Justice.

12 Sep 2018

The petitioner, Royal Manor Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an ord...

High Court

Bombay High Court Allows Interest on Delayed Gratuity from Date of Retirement in Corruption Case Acquittal. Interest under Section 7(3A) of Payment of Gratuity Act, 1972 is payable from retirement date, not acquittal date, as gratuity becomes due on retirement regardless of pending criminal prosecution.

3 Apr 2018

The petitioner, Vinodkumar Narayan Dixit, a former Deputy Collector, retired on 1st April 1997 while a criminal prosecution under the Prevention of Co...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Co-operative Society Recovery Proceedings — Petitioner Failed to Exhaust Statutory Remedy of Appeal Under Section 154 of Maharashtra Co-operative Societies Act, 1960. The court held that writ jurisdiction under Article 226 is not ordinarily exercisable when an alternative statutory remedy is available and no exceptional circumstances exist.

7 Mar 2018

The petitioner, Manisha Bijal Shah, filed two writ petitions under Article 226 of the Constitution of India challenging recovery proceedings initiated...

High Court

Bombay High Court Allows Petition Challenging Rejection of Objections to Nomination in Cooperative Society Election. Removal from Managing Committee Under Section 78(1)(b) of Maharashtra Co-operative Societies Act, 1960 Disqualifies Candidates from Contesting Election to Board of Directors.

26 Mar 2015

The petitioners, Irshad Abdul Sattar Deshmukh and Rama Seva Chavan, filed a writ petition under Article 226 of the Constitution of India before the Bo...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Appointment of Court Receiver for Possession of Flats for Demolition and Reconstruction. Court holds that disputes regarding redevelopment of a cooperative housing society are not arbitrable under the Arbitration and Conciliation Act, 1996, as they involve statutory rights and obligations under the Maharashtra Cooperative Societies Act, 1960.

18 Mar 2013

The petitioner, Bharat Infrastructure and Engineering Pvt. Ltd., a builder and developer, filed a petition under Section 9 of the Arbitration and Conc...

High Court

Bombay High Court Holds Secretary Cannot Hear Appeals Under Section 152 of Maharashtra Co-operative Societies Act, 1960 — Rules Cannot Override Statute. Statutory appeals under Section 152 must be heard by the State Government or its delegated authority, not by the Secretary, as rules cannot override the Act.

3 May 2012

The case involved a reference made by a learned single judge (G.S. Godbole, J.) regarding the power of the Secretary in the Co-operation Department of...

High Court

Bombay High Court Dismisses Writ Petition Challenging Industrial Court's Order on Maintainability of ULP Complaint Against Cooperative Society. Section 91 of Maharashtra Cooperative Societies Act, 1960 Bars Industrial Court from Entertaining Disputes Relating to Recovery from Salary by Cooperative Society.

19 Sep 2006

The petitioners, employees of respondent No. 1 cooperative society, challenged a resolution passed by the society on 19/1/1993 to recover amounts from...

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