Maharashtra Co-Operative Societies Act Promotes Open Membership, Rejection Of Applicant Unwarranted If All Conditions Are Met: Bombay High Court
8 months ago

Maharashtra Co-Operative Societies Act Promotes Open Membership, Rejection Of Applicant Unwarranted If All Conditions Are Met: Bombay High Court

Live Law  

The Bombay High Court observed that Section 23 of the Maharashtra Co-operative Societies Act, 1960 promotes the concept of 'open membership'. Thus, the rejection of membership by a Co-operative Bank based on alleged motives to disrupt its administration, despite the applicants fulfilling all conditions mandated by the MCS Act, was deemed to be a violation of Section 23 of the MCS Act. The Cabinet Minister allowed the bank's appeal and thus rejected the petitioners' membership application. The Court thus held that the bank's resolution was in violation of Section 23 MCS Act and bye-laws of the Bank.

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History of this topic

Maharashtra Co-Operative Societies Act Does Not Curtail Power Of Police Investigation Under CrPC: Supreme Court
1 year, 7 months ago

Maharashtra Co-Operative Societies Act Does Not Curtail Power Of Police Investigation Under CrPC: Supreme Court

Live Law  

A three-judge Bench of the Supreme Court, while hearing an appeal, held that: “The police have an independent power and even duty under the CrPC to investigate into an offence once information has been drawn to their attention indicating the commission of an offence. The High Court decided the appeal in favour of the respondents by holding: "Section 81 contains …

Challenge To Cooperative Society's Membership Can Only Be Raised Before Cooperative Court, Not State: Bombay High Court
2 years, 1 month ago

Challenge To Cooperative Society's Membership Can Only Be Raised Before Cooperative Court, Not State: Bombay High Court

Live Law  

The Bombay High Court recently held that grant of membership of a cooperative society to any person can be challenged only by filing a dispute before the co-operative court under Section 91 of the Maharashtra Co-Operative Societies Act, 1960. “If membership is granted to any person is in contravention of MCS Act and is thus disputed, then the same can …

'Co-Operative Society' Is Not A 'Corporate Person' Under IBC To Which The Code Applies: NCLT Mumbai
3 years, 1 month ago

'Co-Operative Society' Is Not A 'Corporate Person' Under IBC To Which The Code Applies: NCLT Mumbai

Live Law  

NCLT, Mumbai in a Bench comprising of Mr. Rajesh Sharma and Mr. H.V. Central Co – Operative Bank Limited v. Sangola Taluka Sahakari Sakhar Karkhana Limited dismissed an application filed u/s 7 of the Insolvency and Bankruptcy Code, 2016 against Sangola Taluka Sahakari Sakhar Karkhana Limited/Corporate Debtor on the ground that the same is a Co-Operative Society, and hence is …

SC Discusses Constitutionality Of Maharashtra Co-Operative Societies Act Provision Disqualifying Committee Members On Having Third Child
7 years, 3 months ago

SC Discusses Constitutionality Of Maharashtra Co-Operative Societies Act Provision Disqualifying Committee Members On Having Third Child

Live Law  

The Supreme Court vacation bench of Justice Adarsh Kumar Goel and Justice UU Lalit on Friday contemplated on the constitutional validity of section 73CA of the Maharashtra Co-operative Societies Act of 1960 in so far as the provision mandates that a person having more than 2 children shall be ineligible for being elected, nominated, appointed, or co-opted, or for being …

SC Discusses Constitutionality Of Maharashtra Co-Operative Societies Act Provision Disqualifying Committee Members On Having Third Child
7 years, 3 months ago

SC Discusses Constitutionality Of Maharashtra Co-Operative Societies Act Provision Disqualifying Committee Members On Having Third Child

Live Law  

The Supreme Court vacation bench of Justice Adarsh Kumar Goel and Justice UU Lalit on Friday contemplated on the constitutional validity of section 73CA of the Maharashtra Co-operative Societies Act of 1960 in so far as the provision mandates that a person having more than 2 children shall be ineligible for being elected, nominated, appointed, or co-opted, or for being …

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