Back
ARIJIT BANERJEE, APURBA SINHA RAY
Gangesh Kumar Pal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. Briefly, the allegation against the respondent no. 9, a member of the Bengal Pack –Co-operative Housing Society is that he has converted his car-parking space into a shop after misusing his position as the Secretary of the Society, unauthorizedly and illegally. To such allegation the respondent no. 9 replied that by a majority decision in the meeting of the said co-operative society, he was allowed to convert his car-parking space into a commercial space on the basis of a circular being no. 2287-UD/O/M/HID/5M-36/2014 of Urban Development and Municipal Affairs and further necessary approval from New Kolkata Development Authority (NKDA) was taken and plan was sanctioned showing his car-parking space as shop. The relevant deed and plan show the portion of the car-parking space of the respondent no. 9 as a shop. Therefore, the respondent no. 9 did not commit any illegality in running his shop from the relevant space.
2. The appellants/writ petitioners contend that the majority decision in the meeting of a co-operative society cannot override the law of the land. By section 154 of West Bengal Co-operative Societies Act, 2006, it has been laid down that th
The Act overrides any decision of the co-operative society, and disputes must be adjudicated following the procedures laid down in the Rules of 2011.
The management of a co-operative society includes the recovery of its assets, and disputes regarding such recovery fall within the jurisdiction of the Co-operative Court under Section 91 of the Mahar....
The jurisdiction of Civil Courts is ousted in disputes concerning cooperative societies, which must be adjudicated by the Registrar according to Section 102 of the West Bengal Cooperative Societies A....
Arbitrators under co-operative housing acts cannot declare title; their jurisdiction is limited to disputes over allotments, not ownership rights.
The jurisdiction to hear cooperative disputes lies with the Cooperative Court when the matters directly impact the society's business and management.
Decisions made by the General Body of a Cooperative Society are binding on all members, and members cannot independently challenge such decisions unless they are overturned by a competent authority.
Jurisdiction and maintainability in cooperative disputes depend on specific statutes and bylaws; a cooperative court retains authority to hear disputes related to member resolutions unless explicitly....
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
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
