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Bombay High Court Quashes Recovery Certificate Against Non-Member in Cooperative Bank Liquidation — Lack of Jurisdiction Under Section 105 Maharashtra Cooperative Societies Act. Liquidator's Power to Determine Debts Confined to Members; Prior Approval of Registrar Mandatory Under Rule 89(14).

The petitioners, Smt. Kalpana Taori and Ramesh Taori, challenged a recovery certificate for Rs.9,76,506.85 issued under Section 105(1) of the Maharash...

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Bombay High Court Hears Employer's Challenge to Reinstatement of Terminated Probationer. Appellate Authority Had Set Aside Termination on Grounds of Deemed Confirmation and Stigma Without Enquiry under Service Rules.

The case concerns a challenge by the Agricultural Produce Market Committee, Nagpur, to an appellate order of the Divisional Joint Registrar, Co-operat...

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Bombay High Court Dismisses Suit by Unregistered Partnership Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Declaration and Injunction Barred as Firm Not Registered, No Exception for Suits Relating to Partnership Property Applies.

The plaintiffs, seven individuals, filed a suit seeking a declaration that they are partners of the firm Laxmi Developers and for an injunction restra...

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Bombay High Court Dismisses Petition by Cooperative Bank Challenging Appointment of Administrator Under Maharashtra Cooperative Societies Act. Court holds that the Registrar's satisfaction regarding supersession of board is subjective and not open to judicial review unless mala fides or perversity is shown.

The petitioner, Janakalyan Sahakari Bank Limited, a cooperative bank, filed a writ petition challenging the appointment of an administrator by the Dis...

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Bombay High Court Quashes Deemed Conveyance Order Under MOFA Due to Lack of Notice to Developer. Section 11 of MOFA Requires Notice to All Parties Before Granting Unilateral Conveyance.

The petitioners, M/s. ACME Enterprises (a partnership firm) and its partner Mr. Ummedra K. Vardhan, challenged an order dated 26th November 2019 passe...

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COMMERCIAL APPEAL NO. 371 OF 2019

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Bombay High Court Quashes Consent Certificate in Trade Union Dispute Due to Lack of Enquiry Under Section 28(1-A) of Trade Unions Act, 1926. Registrar's Failure to Conduct Proper Enquiry Before Issuing Corrected Consent Certificate Violates Statutory Mandate.

The petitioners, Koyla Shramik Sabha (a registered trade union) and its President Umashankar Gupteshwar Prasad Singh, challenged the consent certifica...