Search Results for "Maharashtra Co-operative Societies Act 1960"

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Bombay High Court Allows Writ Petitions Challenging Recovery Proceedings Under Maharashtra Co-operative Societies Act, 1961 — Petitioners Not Given Opportunity of Hearing Before Attachment of Property. Failure to Provide Notice Under Section 101 of the Act Renders Recovery Proceedings Void.

The petitioners, Sonia Bhalchandra Godase and others, filed two writ petitions before the Bombay High Court challenging the recovery proceedings initi...

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Bombay High Court Hears Appeal from Order Challenging Injunction Against Builder's Construction on Redeveloped Plot. Consent of Flat Purchasers and Right to Use Additional FSI Questioned.

The matter arose from a civil suit filed by forty-three flat purchasers against the promoter/builder, M/s. Noopur Developers, seeking a permanent inju...

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Bombay High Court Quashes Auction Sale in Co-operative Bank Recovery for Non-Compliance with Rule 107 of Maharashtra Co-operative Societies Rules, 1961. Sale Set Aside Due to Failure to Follow Mandatory Procedure and Lack of Proper Notice to Borrower.

The petitioner, M/s. Puran Automobiles, a partnership firm, had taken a loan from the respondent Janta Sahakari Bank Ltd. The Bank obtained a certific...

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Bombay High Court Acquits Appellant in Corruption Case Due to Lack of Evidence of Criminal Misconduct. Conviction under Section 5(2) read with Section 5(1)(d) of Prevention of Corruption Act, 1947 set aside as prosecution failed to prove abuse of official position or pecuniary advantage.

The appellant, Waman Somaji Burde, was the District Deputy Registrar (Cooperative Societies) in Nagpur from 1 July 1985 to 13 May 1987. He was prosecu...

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Bombay High Court Quashes Election Officer's Order Rejecting Nomination in Cooperative Society Election Due to Non-Application of Mind. Failure to Consider Objections and Provide Reasons Renders Order Invalid Under Maharashtra Cooperative Societies Act, 1960.

The petitioners, six fishermen and members of Ekattamik Matsyotpadan Vikas Sahakari Sanstha Maryadit, Kanhalgao (Ridhora), challenged an order passed ...