stood disqualified under the provisions of
Section 73 CA read with Section 78 A of the MCS Act for not
having complied with the provisions ... contemplated by Section 73CA (i) to (ix)
of the MCS Act (pg.35). It is contended that this was clearly an 15
act of intentional
Civil Court even of the award
passed under Section 91 of the MCS Act, the principles of
restitution would become applicable. However ... MCS Act and therefore in sum
and substance there is no reversal of the award passed under
Section 91 of the MCS Act
MCS Act, the society is entitled to
seek relief in respect of the property of the society. Section 91(1)(b)
empowers ... being in possession of the tresspasser under section
91 of the MCS Act. However, the award for possession of the suit flat
before me
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
MCS Act, the society is entitled to
seek relief in respect of the property of the society. Section 91(1)(b)
empowers ... being in possession of the tresspasser under section
91 of the MCS Act. However, the award for possession of the suit flat
held that 'the opening words of Section 101 i.e.,
"Notwithstanding anything contained in sections 91 , 93 and 98 " gives
overriding ... scheme and object of Section 101 of the Said Act. Section 101 was
inserted in the statute book by Maharashtra Act No. 27/1969.
Intention
held that 'the opening words of Section 101 i.e.,
"Notwithstanding anything contained in sections 91 , 93 and 98 " gives
overriding ... scheme and object of Section 101 of the Said Act. Section 101 was
inserted in the statute book by Maharashtra Act No. 27/1969.
Intention
held that 'the opening words of Section 101 i.e.,
"Notwithstanding anything contained in sections 91 , 93 and 98 " gives
overriding ... scheme and object of Section 101 of the Said Act. Section 101 was
inserted in the statute book by Maharashtra Act No. 27/1969.
Intention
adjudicated under Section 91 of the Maharashtra Cooperative Societies
Act, 1960 (MCS Act ).
2] Mr. Deogirikar, learned counsel for the petitioners, has submitted
that ... question of
adjudicating such dispute under Section 91 of the MCS Act. Mr.
Deogirikar submitted that the claim for damages raised by the
respondent
under section 79(3) of Maharashtra Co-operative Societies Act, 1960 ("the
MCS Act " for short). The order of penalty was passed ... parallel jurisdiction under
section 154 of the MCS Act. Suffice it to observe that the proceedings under
section 91 as filed by the Petitioner
