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    <title>2014 (8) TMI 1181 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=281163</link>
    <description>A cooperative society&#039;s charge over immovable property was treated as enforceable against third parties only when recorded in the record of rights, because Rule 48(5) treats that entry as notice to the public; a loan application or internal society record was insufficient. Prior notice under Section 164 was held unnecessary where the suit concerned an independent civil right to protect property already purchased, because the dispute did not arise from an act touching the society&#039;s business. Filing the suit before two months did not create any estoppel or procedural bar. A suit for perpetual injunction under Section 38 of the Specific Relief Act likewise did not require prior notice under Section 164.</description>
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    <pubDate>Tue, 12 Aug 2014 00:00:00 +0530</pubDate>
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      <title>2014 (8) TMI 1181 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=281163</link>
      <description>A cooperative society&#039;s charge over immovable property was treated as enforceable against third parties only when recorded in the record of rights, because Rule 48(5) treats that entry as notice to the public; a loan application or internal society record was insufficient. Prior notice under Section 164 was held unnecessary where the suit concerned an independent civil right to protect property already purchased, because the dispute did not arise from an act touching the society&#039;s business. Filing the suit before two months did not create any estoppel or procedural bar. A suit for perpetual injunction under Section 38 of the Specific Relief Act likewise did not require prior notice under Section 164.</description>
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      <pubDate>Tue, 12 Aug 2014 00:00:00 +0530</pubDate>
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