Search Results for "MCS Act 1960"

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Search Results for "MCS Act 1960"

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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

Court Dismisses Co-operative Housing Society's Petition Against Member's Expulsion Overturned. Lack of Procedural Compliance in Expulsion Process Leads to Reversal of Society's Decision

12 Jul 2024

A writ petition filed by a Co-operative Housing Society (the petitioner) challenging the orders that overturned the expulsion of one of its members (r...

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 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 Refers Question of Secretary's Appellate Jurisdiction Under MCS Act to Larger Bench. Rule 105 of MCS Rules 1961 cannot override statutory provisions of MCS Act 1960 regarding appellate authority.

29 Feb 2012

The judgment arises from four writ petitions (WP 1800/2012, 1801/2012, 1802/2012, 1803/2012) before the Bombay High Court. The petitioners include Sad...

High Court

Bombay High Court Upholds Removal of Director of Cooperative Credit Society for Conflict of Interest as Pigmy Agent. Disqualification under Section 73FF(1)(vi) of Maharashtra Cooperative Societies Act, 1960 applies to any office of profit, including commission-based agency, and is not limited to salaried employment.

25 Oct 2010

The petitioner, Sau. Aruna Bhagwant Tiple, was an ex-director of respondent no. 3, Chakradhar Swami Nagri Sahakri Pata Sanstha Limited, a cooperative ...

High Court

Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

30 Nov -0001

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...

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