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225 judgments · newest first · showing 201–225
The respondents entered into an agreement to sell land to the appellants and paid Rs 10,000 as earnest money, but the appellants failed to execute the sale deed. The respondents sued for specific performance and, alternatively, for refund of the earnest money. The trial court awarded only the …
The Maharashtra government appointed an Administrative Board for the Rokdeshwar Sahakari Soot Girni Ltd. under Section 157 of the Maharashtra Co-operative Societies Act, 1960, extending its term to 19 June 2009. The board was appointed while a writ petition seeking election of the society’s Board of …
The petitioner, Arun B. Khanjire, disputed his liability for loans taken from ICHALKARANJI URBAN CO-OP BANK Ltd. and faced recovery proceedings under Section 101 of the Maharashtra Co-operative Societies Act, 1960. The Assistant Registrar issued recovery certificates, which the petitioner challenged …
The appellant, Shilpa Shares and Securities, had taken a loan from the National Co-operative Bank Ltd. and defaulted on repayment. Under the Maharashtra Co-operative Societies Rules, 1961, the bank initiated recovery proceedings and conducted an auction of the appellant's immovable property pursuant …
The Greater Bombay Co‑operative Bank Ltd. advanced loans to its member company United Yarn Tex Pvt. Ltd. and sought recovery of the dues under the Maharashtra Co‑operative Societies Act, 1960. The High Courts held that, after the establishment of the Debt Recovery Tribunal under the Recovery of …
The Public Concern for Governance Trust filed a public interest litigation challenging the allotment of six residential plots in Navi Mumbai to cooperative societies that were alleged to be dummy entities set up by Vijay Associates (Wadhwa) Developers. The Bombay High Court quashed the allotments, …
The Bank, a co‑operative society, had a gratuity scheme offering 26 days' wages per year of service with a ceiling of Rs 2.5 million. Under the Payment of Gratuity Act, 1972 (as amended), the statutory rate is 15 days' wages with a ceiling of Rs 3.5 million. After retirement, the employees claimed …
The appellant, Dudhganga Vikas Sewa Santha Maryadit, invested in the shares of the Kolhapur District Central Cooperative Bank Ltd. on 30‑12‑2002 and became a member of that federal society. An election for office‑bearers of the federal society was scheduled for April 2006, but the appellant's name …
The appellant, a member of the managing committee of a Maharashtra co‑operative society, was denied the right to replace the society's previously nominated delegate with his own name for the election of the Maha Sangh, despite a resolution passed within the period allowed by Rule 5(2) of the …
The case concerned several Maharashtra sugar‑co‑operative societies that deducted amounts from the cane price payable to their farmer members as non‑refundable and refundable deposits and as contributions to various funds. The Income Tax Department treated these deductions as trading receipts and …
The appellant, a director of a Maharashtra cooperative society, was the sole nominee for the post of Chairman. The returning officer refused to declare him elected because the quorum for the special meeting was not met, despite the nomination being in order and unwithdrawn. The appellant filed a …
The Apex Co‑operative Bank of Urban Bank of Maharashtra and Goa Ltd. applied to the RBI for a licence to operate an apex bank covering Maharashtra and Goa. The RBI required the bank to be registered under the Multi‑State Co‑operative Societies Act, 1984, which the bank did, and the Maharashtra …
The appellants sought a restrictive voters list under the Maharashtra Cooperative Societies (Second Amendment) Act, 2000, arguing that the amendment should apply to societies that had already become members before the amendment. The High Court dismissed their writ, holding the list was finalised …
Western Press Pvt. Ltd., a company that was not a party to the proceedings before the Special Court under the Securities Act, 1992, sought to prevent its premises from being attached for recovery of public money siphoned through a group of companies. The Special Court had passed a consent decree …
The State of Maharashtra appealed against a Bombay High Court decision that held the chairman and managing committee members of a cooperative society were not "public servants" for purposes of Section 21 of the Indian Penal Code (IPC) and the Prevention of Corruption Act (PCA). The respondents had …
Padmasinhji Bajirao Patil and others challenged the constitutional validity of Section 144‑T of the Maharashtra Co‑operative Societies Act, 1960, which makes the order of the Commissioner or a specified officer in election disputes final and conclusive with no provision for appeal or revision. The …
The Registrar, invoking Section 102(1)(a) of the Maharashtra Co‑operative Societies Act, 1960, issued an interim winding‑up order against Industrial Co‑operative Association Ltd and appointed a special liquidator. The society appealed to the State Government under Section 104, but while the appeal …
The dispute concerned the election of the managing committee of Shri Vathal Sakhar Sehakari Karkhana Ltd., a specified cooperative society whose term expired on 3 December 1991. The final list of voters was published on 17 December 1991, but the State Government postponed the election to 30 …
The Supreme Court examined whether sub‑section (2) of Section 73 of the Maharashtra Co‑operative Societies Act, 1960 – inserted by the 1986 amendment – imposes a mandatory duty on the Registrar to prescribe the maximum number of members of a co‑operative society’s committee and publish it in the …
Pundalik was elected Director of the District Central Co‑operative Bank, Chandrapur on 18 August 1986 while he was in arrears on a loan from the bank. The Maharashtra Co‑operative Societies Act, 1960 (section 73FF) disqualifies a defaulter from being elected or continuing as a committee member, and …
P.S. Sahni occupied a flat in Shyam Cooperative Housing Society under a written agreement dated 11 June 1969 that was labeled a "leave and licence" and expressly stated that the licensee would not claim tenancy. The Society and the licensor terminated the licence on 10 March 1972, after which Sahni …
The Jackson Co‑operative Credit Society appealed against a Bombay High Court order that directed it to pay bonus to its employees at 20% of total annual earnings for the years 1975‑76, 1976‑77 and 1977‑78. The Society contended that the High Court erred by ignoring deductions permissible under …
Smt. Mohini R. Adwani, a member of Maitrai Co-operative Housing Society, allotted flat No. 15 to the appellant, M.S. Ahluwalia, under a leave‑and‑licence agreement without the society’s prior consent. After the licence expired, the appellant continued to occupy the flat, using it as a canteen, and …
Esso Eastern Inc., later Hindustan Petroleum Corporation Ltd., occupied a flat in Shyam Co‑operative Housing Society on a leave‑and‑licence basis from 1968, with the licence renewed yearly. By 1 February 1973 a subsisting licence existed, rendering the occupier a "deemed tenant" under section 15A of …
The JAI MAHAVIR Co‑operative Housing Society expelled a founding member, Panchal Keshavlal Narbheram, and the expulsion was approved by the Registrar under Section 36 of the Gujarat Co‑operative Societies Act, 1961. Panchal filed a petition under Section 96(1) to set aside the resolution; the …
