Search Results for "MCS Rules"

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Search Results for "MCS Rules"

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High Court

Bombay High Court Dismisses Petition Seeking De-Registration of Cooperative Housing Society Registered 45 Years Ago. Court holds that post-registration events cannot be grounds for de-registration under the Maharashtra Co-operative Societies Act, 1960.

2 Jul 2026

The case involves a rather unusual circumstance where the director of the Petitioner-company has sued himself in connection with proceedings for de-re...

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 Cooperative Society Elections Due to Lack of Jurisdiction and Availability of Alternative Remedy. Petitioner failed to exhaust statutory remedy under Section 152A of the Maharashtra Cooperative Societies Act, 1960 before approaching the High Court.

15 Oct 2025

The petitioner, Udhav Laxman Jadhav, filed a writ petition before the Bombay High Court at Kolhapur challenging the election process of Bhagwanrao Jad...

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

Bombay High Court Allows Society's Petition in Servant Quarters Eviction Dispute — Cooperative Court Has Jurisdiction Under Section 91 MCS Act. Dispute for recovery of possession of servant quarters from ex-employee held to be touching management of society, not business.

22 Jul 2024

The Bombay High Court allowed a writ petition filed by a cooperative housing society challenging an order of the Cooperative Appellate Court which had...

High Court

Bombay High Court Dismisses Petition Challenging Cooperative Court Order in Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under MCS Act, 1960. The court held that the dispute regarding common amenities and parking spaces between a cooperative housing society and its members is exclusively triable by the Cooperative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and civil court jurisdiction is barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

High Court

Bombay High Court Dismisses Writ Petition Challenging Cooperative Court Order in Housing Society Dispute — Upholds Jurisdiction of Cooperative Court Over Disputes Between Society and Members Under Maharashtra Co-operative Societies Act, 1960. The court held that any dispute touching the business of a cooperative society between the society and its members falls within the exclusive jurisdiction of the Cooperative Court under Section 91 of the MCS Act, and civil courts are barred under Section 163.

6 Dec 2023

The petitioners, Meru Heights Co-operative Housing Society Limited and its members, filed a writ petition challenging an order of the Cooperative Cour...

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 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 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...

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