Case Law Analysis
|Bombay High Court
Section 91 MCS Act | Civil Courts Retain Jurisdiction Over Redevelopment Disputes Unless Bye-Laws Explicitly Include It : Bombay HC
The Bombay High Court has ruled that housing societies cannot oust civil court jurisdiction over redevelopment disputes merely by passing resolutions-jurisdiction is preserved unless the society’s bye-laws expressly list redevelopment as an object. This protects members from being forced into arbitration-like processes without statutory authorization, reinforcing access to judicial remedies in property rights conflicts.