Search Results for "MCS Act 1960"

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Search Results for "MCS Act 1960"

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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

Bombay High Court Allows Society's Petition, Quashes Revision Order Against Re-Audit Report Under Section 81(6) of Maharashtra Co-operative Societies Act. Re-audit report is a mere opinion, not a decision or order, and revision under Section 154 is not maintainable.

4 Feb 2025

The Bombay High Court dealt with two writ petitions arising from a dispute concerning the re-audit of a cooperative society registered under the Mahar...

High Court

"Co-operative Court's Jurisdiction Dispute: Society Challenges Appellate Decision on Eviction Case" "Legal battle over servant quarters' occupancy highlights jurisdictional boundaries in co-operative society disputes."

22 Jul 2024

This is a legal petition challenging the decision of the Co-operative Court, Mumbai, which quashed the judgment of the Trial Court. The dispute revolv...

High Court

Bombay High Court Quashes Disqualification of Director in Cooperative Society Case — Loan Default Not Proven as Wilful Default Under MCS Act. Disqualification under Sections 73(CA)(1)(i) and 78(A)(1)(b) of Maharashtra Co-operative Societies Act, 1960 set aside as petitioner had cleared arrears and no notice or opportunity was given before disqualification.

7 Aug 2018

The petitioner, Umesh Mukundrao Apte, filed a writ petition under Article 227 of the Constitution of India challenging two orders: (1) an order dated ...

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 Upholds Cooperative Court's Injunction Against Bank's Recovery Notice Despite SARFAESI Proceedings — Jurisdiction of Cooperative Court Not Ousted by SARFAESI Act for Disputes Under Section 91 of MCS Act.

24 Feb 2015

The petitioner, M/s. Shewalkar Developers Ltd., a company incorporated under the Companies Act, 1956, was engaged in land development and construction...

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...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

30 Nov -0001

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...

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