Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1975 (2) TMI 125

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Banwarilal Tibrewala who is respondent No. 2 in the above petition on the other was referred under Sections 91 to 96 of the Maharashtra Co-operative Societies Act 1960, to the District Deputy Registrar Co-operative Societies, Bombay. In that dispute the Co-operative Society prayed for eviction of Banwarilal Tibrewala on the ground that he was an unauthorised occupant of the premises which are par .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... upta and Manjudevi Gupta who are defendants 2 and 1 respectively in the suit in the Small Cause Court. 3. In Udyog Mandir Premises Co-operative Society Ltd. v. M/s. Contessa Knit Wear, it was laid down by this Court. In the context of jurisdiction arising under two special Acts, viz. the Maharashtra Co-operative Societies Act, 1960, Section 91 and the Bombay Rents, Hotel and Lodging House .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Act, 1963 which should guide the Court in dealing with interim injunction applications, grant such an injunction. In view of the decision it is clear that the Judge of the Small Cause Court acted contrary to the decision of this Court acted contrary to the decision of this Court in granting ad interim injunction. 4. Section 41(b) of the Specific Relief Act 1963, lays down that an injuncti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on No. 417 of 1974 on November 25, 1974 (Bom) observing as follows: In more one matter I have followed the decision of Vaidya, J., referred to above i.e., (the aforesaid Udyog Mandir's case). I set aside the injunction granted by the Small Cause Court at Bombay restraining the party from proceeding with the matter before the officer on Special duty. In view of the same position in law the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates