Search Results for "MCS Act"

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Belated Claim for Co-operative Housing Society Membership by Legal Heirs Cannot Be Denied Where Occupation and Earlier Resolution Recognised Membership Rights: Supreme Court

The dispute concerned membership of Flat No.7 in Malboro House Co-operative Housing Society, Mumbai. The original occupant, Narendra Patel, was offere...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Interim Stay in Cooperative Society Recovery Proceedings. Petitioner Failed to Demonstrate Prima Facie Case or Irreparable Loss in Auction of Mortgaged Property Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Shri Shrirang Gajanan Hole, a member of Respondent No.2 Society (Ujani Mahila Gramin Bigarsheti Sahakari Patsanstha Maryadit), challen...

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Bombay High Court Allows Writ Petitions Challenging Recovery Certificates Under Section 101 of MCS Act for Lack of Proper Opportunity of Hearing. Sub Registrar's order recorded withdrawal of advocate but recovery certificate stated 'none present', indicating procedural violation.

The petitioners were members of respondent no. 3 society and had unpaid dues. Proceedings under section 101 of the Maharashtra Cooperative Societies A...

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Bombay High Court Quashes Recovery Certificate in Cooperative Loan Dispute for Lack of Reasoned Order. Rule 86F of Maharashtra Cooperative Societies Rules, 1961 Mandates Speaking Order Before Issuance of Certificate; Revisional Authority's Dismissal Without Considering Written Arguments Set Aside.

The petitioner, Balasaheb Dhondiram Nikam, a pensioner, challenged a recovery notice dated 25 July 2011 issued under Section 101 of the Maharashtra Co...

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Bombay High Court Dismisses Petition for Appointment of Administrator to Sugar Co-operative Society Due to Alternative Remedy. Members' Grievance Regarding Non-Holding of Elections Must Be Raised Before Registrar Under Section 73 of Maharashtra Co-operative Societies Act, 1960.

The petitioners, members of respondent No.5 Sugar Co-operative factory in Sangli, filed a writ petition seeking a writ of mandamus against the State o...

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Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...