Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Uday Dalal – Appellant
Versus
Divisional Joint Registrar, Cooperative Societies, Mumbai Division – Respondent
| Table of Content |
|---|
| 1. background of cooperative membership dispute (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments regarding procedural violations in membership application (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. judicial review standards for cooperative societies' decisions (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 4. locus standi of members in challenging membership decisions (Para 41 , 42 , 43 , 44 , 45) |
| 5. legality of agm resolutions regarding membership (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55) |
| 6. final orders and directions on membership verification (Para 56) |
JUDGMENT :
AMIT BORKAR, J.
1. Both writ petitions arise from proceedings under Section 23(2) of the Maharashtra Cooperative Societies Act, 1960. The Deputy Registrar granted membership to respondent No.3 in relation to a room of 250 square feet situated on the North East side of the building of respondent No.4 society. The petitioners challenge this decision.
2. The petitioners place the following facts on record. Respondent No.4 was registered as a housing society on 2 May 1996. Six of the seven original occupants paid the requ
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
Housing societies cannot admit members for non-existent refuge area spaces sold as flats by divested developer, as it violates membership limits; distinguishes from unauthorized construction disputes....
The jurisdiction under Section 23(2) of the Maharashtra Cooperative Societies Act is limited to membership qualification, not ownership disputes, with parties needing to pursue civil or arbitration c....
Co-operative society cannot refuse membership under Section 23 of MCS Act on grounds of non-residential use, lease prior consent breach, or unauthorised construction unless expressly disqualifying un....
Membership in co-operative housing societies is contingent upon the clearance of all outstanding dues, including those of previous owners, as established in the Maharashtra Co-operative Societies Act....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
Membership entitlements under cooperative society laws can be upheld even with delayed contributions if ratified by the society's governing body and presence of equitable factors.
The court determined that membership restrictions under Section 28 of the Maharashtra Co-operative Societies Act do not bar property ownership by a member and were excluded for housing societies, all....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
