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Showing posts with label co-operative society. Show all posts
Showing posts with label co-operative society. Show all posts
Saturday, 24 June 2023

Can a Joint Secretary of a Cooperative Society be held liable for financial losses caused by a fraudulent loan applicant when the loan was sanctioned by the management committee?

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  In the given facts and circumstances of the present case, it cannot be fathomed that Respondent No. 6 being the Joint Secretary of the Soc...
Sunday, 18 June 2023

Who can be treated as the owner of immovable property as per MRTP Act where unauthorized construction is done?

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  Plain reading of the above provisions of law discloses that in cases of any development within the territorial limits of the planning auth...

Whether prosecution can be started against Co-operative society if notice under MRTP Act was issued against chairman of said society?

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  It is well-settled that expressions in a penal provision of law are to be construed strictly and in favour of the subject. The rules of in...
Sunday, 28 March 2021

Whether housing society can terminate development contract with developer if he fails to pay transit rent?

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    The defaults by the Developer have  undoubtedly caused immense prejudice and harm to the members of  the Society. The hardship to the me...
Saturday, 27 March 2021

Can a development agreement signed by the Chairman of Society be binding upon the non-signatory member of society?

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This is the point of law raised in opposition. The submission is that the development agreement and its arbitration clause cannot possibly b...
Thursday, 13 August 2020

Whether Judgment debtor can resist the execution of decree if it fails to challenge compromise decree?

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True, the trial Court has simply recorded the terms of the compromise. But this compromise carries with it all the elements highlighted i...

Whether the court can dismiss the complaint about the dishonour of cheque if an officer of Co-operative society was not duly authorized to give evidence?

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When the Complainant's witness the said Shirodkar was cross-examined on the said Resolution/Authority letter, the Complainant's wi...
Tuesday, 24 December 2019

Whether society can challenge lease deed signed by its president?

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If it is the plaintiff's case that the President in fact did not have such authority because the subject was one which was prescribed ...
Thursday, 28 February 2019

Whether proposed co-operative society is body corporate?

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  It is undisputed that the petitioner - society is not a registered cooperative society and is merely a proposed cooperative society. A p...
Tuesday, 19 February 2019

Whether recovery officer of co-operative society can take possession of immovable property without approaching CMM or District Magistrate?

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21. Rule 11(d-1) onwards are material for our purposes as they deal with taking over possession of immovable property. They are inserted b...
Sunday, 29 April 2018

Which court will have jurisdiction to try service matters of employees of co-operative society?

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 It may be noted that the High Court, in the impugned judgment, has itself proceeded on the basis that if the dispute relates to reinsta...
Saturday, 14 April 2018

Whether membership of housing society can be claimed on basis of doubtful agreement of sell?

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  This Court clearly held that an agreement to sell which is not a registered deed of conveyance would not meet the requirements of Secti...
Sunday, 4 September 2016

Whether it is necessary to examine person passing resolution authorizing filing complaint of dishonour of cheque?

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   The learned counsel for the appellant submitted that, that the complaint had not been filed by an authorized officer or person, was...
Wednesday, 24 August 2016

Whether co-operative society can unilaterally cancel sale deed by executing extinguishment Deed?

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For the reasons stated supra, I have to grant the reliefs in favour of the appellant as prayed by him and quash the extinguishment deed ...
Tuesday, 26 January 2016

Duties of board of directors while making decision of retirement/compulsory retirement of employee of company

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In pursuance to the directions of the Single Bench, record pertaining to the retirement/compulsory retirement was produced by the counsel...
Saturday, 1 August 2015

Whether contract of lease between promoter of unregistered co-operative society and other party is specifically enforceable?

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In the case of  Ramji Mandir Narsinhji and Ors. v. Narsinh Nagar @ Tekri Co-op. Housing Society Ltd. & Ors ., reported in 1979 (XX) GLR...
Sunday, 14 June 2015

How to prove conspiracy to commit criminal breach of trust by chairman and other members of co-operative society?

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Indian Penal Code 1860, Ss. 120 B, 109, 408, 467 and 471. Chairman of Co-operative Society along with others charged with con...
Wednesday, 13 May 2015

Whether co-operative society can be treated as factory for purposes of property tax?

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 It is not in dispute that the Petitioner is not a factory within the meaning of the Factories Act. Subsection (1) of Section 125 of the ...
Tuesday, 6 May 2014

When civil court has jurisdiction to decide dispute relating to co-operative society?

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Trusts & Associations - Practice & Procedure - Maharashtra Co-operative Societies Act, 1960, ss.45 and 91 - Inherent jurisdiction ...
Thursday, 14 November 2013

Whether Consumer protection Act is applicable to co-operative societies?

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Upholding the decision of the National Commission, the Supreme Court held that having regard to the scheme of the Tamilnadu Act and the...