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IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY
Peerless General Finance and Investment Company Limited – Appellant
Versus
Joint Registrar of Co-operative Societies – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. The instant writ petition has been filed, inter alia, calling upon the respondents to withdraw and / or cancel the impugned communication dated 20th July 2022 being annexure P-14 to the instant writ petition. According to the petitioners on the basis of an application made by the petitioners even before formation of the respondent no. 5 being the cooperative society, an allotment was made by the West Bengal Housing Board on 19th October 1995, thereby provisionally allotting the petitioner no.1 with 6 (six) several flats at East Calcutta Township Project, Phase-IV ‘B’ type, upon deposit of the sum indicated therein, and on the condition that the petitioner no. 1 becomes a member of the cooperative society.
2.According to Mr. Bihani, learned Senior Advocate appearing on behalf of the petitioners the State Government being otherwise empowered, while making over prior possession of the aforesaid flats had exempted the provisions of Rule 135(2) of the West Bengal Cooperative Societies Rules, 1987 (hereinafter referred to as the “said Rules”) thereby, authorizing the petitioner no.1 to be entitled to retain the above 6 (six) flats. He submits that now t
Exemptions granted by the government under cooperative laws were upheld, allowing multiple flat sales.
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....
As per Section 13(1) of the Act of 1954, there was a condition precedent that, if any khatedar transfers his rights or interest in land, then he shall get previous consent in writing from the State G....
The authority of the High Court and the Supreme Court to pass directions for complete justice, even if it requires deviating from statutory provisions, was a central legal principle established in th....
The mandatory condition for membership in a cooperative housing society requires that all dues be cleared before any transfer of membership is effective, regardless of the buyer's prior obligations.
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....
Membership in co-operative housing societies cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
The main legal point established in the judgment is the emphasis on transparency and substantial compliance of statutory provisions, particularly Section 77(1) of the DCS Act, in the conduct of a pub....
Substantial compliance with statutory provisions ensures the legality of auctioning flats by a cooperative society, fulfilling the legislative intent while safeguarding member interests.
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