Back
V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Bharat Jagriti Cooperative Group Housing Society Ltd. – Appellant
Versus
Maha Singh – Respondent
JUDGMENT
V. Kameswar Rao (Oral)
1. This petition has been primarily filed with the following prayers:
"(i) Issue a Writ/Order or Direction in the nature of Certiorari or any other appropriate Writ/Order or Direction for Quashing/Setting aside the Order dated 04.06.2012 as passed by The Registrar Cooperative Societies in Case No. RCS/023/08/CND: and
(ii) Issue a Writ/Order or Direction in the nature of Certiorari or any other appropriate Writ/Order or Direction for Quashing/Setting aside the Order dated 06.09.2016 as passed by The Court of Financial Commissioner in Case No. 288/2012."
2. The learned Financial Commissioner has in his order dated September 06, 2016, stated as under:
"5. RCS in impugned order dated 04.06.2012 directed the society to transfer the membership of Late Shri Ram Singh Yadav to its legal heir as the society failed to justify the amount received from Late Shri Ram Singh Yadav as a loan. Before this Court petitioner society again tried to prove that the sum received from Late Shri Ram Singh Yadav was not for membership fee, cost of land or construction money but was a loan to the society. Society contended that R-2 and R-3 do not have any documentary evidence in
The main legal point established is that all grounds urged by a party should be considered by the court, and if not considered, the order may be set aside for fresh consideration.
Compliance with the legal provisions for membership approval, deposit, and documentation is crucial, and failure to dispute anomalies in the documents can weaken the petitioner's case.
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
Section 4-B of Act, 1860, Registrar is not supposed to make adjudication of dispute of correctness of membership like a Court but whenever a list is submitted or there is any change in the list of me....
The main legal point established in the judgment is the interpretation and application of Rule 20(1)(c)(i) of the Delhi Cooperative Societies Rules, 2007, in determining the disqualification of a mem....
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 court clarified that society bylaws do not restrict the timing of membership applications or require personal bank draft preparation.
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....
The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
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
