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1 - 10 of 14 (0.28 seconds)Section 73 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
The Code of Civil Procedure, 1908
Section 45 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 101 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 137 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 152 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 154 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Section 156 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Margaret Almeida And Ors. Etc vs Bombay Catholic Co-Optv.Hsg.Socy.& ... on 22 March, 2013
As held by the Apex Court in the
case of Margret Almeida and Ors. (Supra), relied upon by learned
counsel for the Respondents and also by the Appellate Court, such
dispute cannot be said to be out of the purview of the Civil Court.
Conversely, the Civil Court alone can have the jurisdiction to decide such
dispute, as it neither touches directly to the business of the Co-operative
Housing Society, nor the Co-operative Housing Society has anything to
do in the present Suit in respect of the relief, which is claimed by
Respondent No.2. The Co-operative Housing Society will only implement
whatever the Civil Court decides, as to whether the membership should
be given to the Applicant or to Respondent No.1. The membership given
to the Applicant is on the basis of the 'Sale-Deed' and if that 'Sale-Deed' is
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CRA-44-16.doc
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set aside, then, naturally, the Co-operative Housing Society is bound to
cancel the said membership. Therefore, the Co-operative Housing
Society is not directly concerned in the present dispute, nor the present
dispute touches the business of the Co-operative Housing Society.