Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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ILC-2012-SC-CIVIL-Jan-14

Margret Almeida Vs. Bombay Catholic Co-operative Housing Society Ltd.

Head Note

Civil Law  - Acquisition of interest

Maharashtra Co-operative Societies Act, 1961 - Section 94 - Powers of Co-operative Court - Acquisition of interest - Words "has acquired any interest" - The acquisition of interest is only an acquisition made during the pendency of dispute before the Co-operative Court.

Civil Law  - Jurisdiction of Co-operative Court

Maharashtra Co-operative Societies Act, 1961 - Sections 91, 163 - Jurisdiction of Co-operative Court - Whether decision of the society to alienate the property of the society is a matter which is required to be resolved by the co-operative court - Held - Order of High Court that suits in question are not maintainable and the dispute could be examined exclusively by the cooperative court - Not sustainable.

The Code of Civil Procedure, 1908  - Section 9

Maharashtra Co-operative Societies Act, 1961, Section 91 - Jurisdiction of Court - Whether the High Court is right in going into the maintainability of the suits relating to alienation of the property by society - Course of action followed by the High Court is not only justified but also the Court is obliged to follow such a course of action in view of provision contained in Section 9A of Code.

The Code of Civil Procedure, 1908  - Order XXXIX Rule (1)

Interim order - Suits in question are to be tried by the High Court in exercise of original jurisdiction - Thus it is open to High Court to consider applications filed by plaintiffs for interim orders in accordance with law and pass appropriate orders.

Topic(s)-Powers of Co-operative Court , Acquisition of Interest , Jurisdiction of Co-operative Court , Jurisdiction of Court







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