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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Abhay Manohar Paranjape – Appellant
Versus
Shivnagari Cooperative Housing Society Limited – Respondent
| Table of Content |
|---|
| 1. expulsion procedure under section 35 followed by society (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioners' complaints legitimate per police, auditors (Para 7 , 8 , 9 , 10) |
| 3. authorities' orders unreasoned, failed evidence scrutiny (Para 11 , 12 , 13 , 14 , 15) |
| 4. society claims repeated complaints caused detriment (Para 16) |
| 5. fair hearing, evidence-based expulsion decisions required (Para 17 , 18) |
| 6. civil complaints not malicious despite police referral (Para 19) |
| 7. auditors' validations must be considered (Para 20) |
| 8. quasi-judicial orders need reasons, individual analysis (Para 21) |
| 9. section 35 limited to destructive acts, not dissent (Para 22 , 23 , 24 , 25 , 26) |
| 10. legal remedies invocation not punishable by expulsion (Para 27 , 28 , 29) |
| 11. conveyance objections not detrimental absent malice (Para 30 , 31) |
| 12. procedure cannot cure substantive reasoning defects (Para 32 , 33) |
| 13. unreasoned expulsion orders quashed, membership restored (Para 34 , 35 , 36) |
JUDGMENT :
AMIT BORKAR, J.
1. The petitioners have instituted the present writ petition assailing the judgment and orders passed by the Revisional Authority, whereby the revisions preferred by the petitioners came to be d
A cooperative society must provide specific allegations prior to expelling members, and any dismissal of membership without due process is unsustainable under the Telangana Cooperative Societies Act.
The main legal point established in the judgment is that the impugned notices issued by the Society were valid, as the petitioner failed to fulfill the obligation to undertake construction within the....
The appellate authority under the Kerala Co-operative Societies Act has the power to reconsider expulsion decisions, ensuring compliance with procedural fairness and the principles of natural justice....
The court affirmed that only flat owners can manage a co-operative housing society, and the Deputy Registrar acted within jurisdiction under Section 78A of the Maharashtra Co-operative Societies Act,....
Disqualification of committee members requires clear show cause notices, and alternative remedies must be exhausted before seeking writ relief, affirming the importance of natural justice in administ....
Society's membership refusal upheld if prior rejection communications record sufficient cause like unregistered transfer documents; appellate and review authorities confined to original reasons, read....
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.
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