under Section 91 of MCS Act. He submits
that the jurisdiction of the Authorities under the MCS Act is not taken
away only because ... MCS Act in
wake of such malafide contentions of the defaulter render redundant
Section 101 of the MCS Act which is for the purpose
under Section 91 of MCS Act. He submits
that the jurisdiction of the Authorities under the MCS Act is not taken
away only because ... MCS Act in
wake of such malafide contentions of the defaulter render redundant
Section 101 of the MCS Act which is for the purpose
Respondent Nos.2 and 3 and
as sub-Section (2A) of Section 154 of the MCS Act provides that
50% of amount as awarded ... contained in Section 91 of the
MCS Act. Thus, Section 154B -29 of the MCS Act regarding
recovery of certain sums and arrears
questioned the jurisdiction of the Nominee, pleading that Section 91 of the MCS Act did not apply, inasmuchas they were tenants against whom proceedings ... Societies under Section 91 of the MCS Act. Respondent No. 1 moved the Registrar under Section 91 and that Officer referred the dispute
MCS Act to be invoked the subject matter has to be one which is
mentioned in Section 91 , and that the parties have also ... MCS Act, it is not only essential that the dispute should be of a kind described
in sub-section (1) of Section 91
first noticed.
THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960
[the MCS ACT, 1960]
The MCS Act, 1960 was promulgated and came into force
on 26th ... India Act, 1934 ['the RBI
Act '] to the co-operative banks in public interest.
Section 2 (10) of the MCS Act, 1960 defines
Society within the meaning of Section 91 of the Act. Section
91 of the Act is therefore not attracted. In view thereof ... MCS Act
5 2011 (11) LJSOFT 83
14/18
::: Downloaded on - 27/11/2013 20:12:29 :::
kpp 15
and particularly section 91
under section 38 and 39 of CPC in
the light of the powers conferred by Section 95 of the MCS Act.
Further section ... sweep of power under section 10 can by no means
be read into the MCS Act and particularly section 91 to 98
thereof
dispute which was
filed by the appellant under Section 91 of the MCS Act, was
maintainable and as such, it is the contention ... Cooperative Court under Section 91 of the MCS Act, on 6.9.2007 and
also approached the DRT, by filing proceedings before
wadhwa
today is that by virtue of the provisions of Section 91 of Co-
operative Societies Act the present suit is not maintainable ... Section 91
and 92 of the Evidence Act and Section 47 of the Registration Act.
16. Mr. Mishra has specifically relied upon the observation
