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Showing contexts for: section 91 mcs act in Shilpa Co-Op. Housing Soc. Thr. Secre vs Smt. Janabai Gulabrao Wangal And 13 Ors on 11 August, 2014Matching Fragments
9. At this stage, it would be appropriate to refer to Section 91 of the MCS Act. Perusal of Section 91 shows that it also uses the expression "act touching the business of society". In the case of Deccan Merchants Cooperative Bank Ltd. vs. Dalichand Jugraj Jain and others : AIR 1969 SC 1320 , the Supreme Court held that the expression "business" in Section 91 does not mean affairs of the society and the said expression has been used in a narrower sense means the actual trading or commercial or other similar business activity of the society which the society authorized to enter under the Act and the Rules and its bye laws. It is well settled legal position of interpretation that when a 14 sa417.10.odt similar expression is used in different places in a suit, it carries the same meaning unless contrary intention is disclosed. The institution of the suit claiming partition, separate possession and declaration that the sale deed in favour of the appellant is void cannot be said to be either an act touching the business of the society even for that matter, 'dispute' touching the business of the society. Therefore, the provisions of Section 164 will have no application since the plaintiffs want to exercise their independent civil rights for claiming partition and separate possession and declaration.