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DELHI HIGH COURT
VIPIN SANGHI, REKHA PALLI
Registrar Co-operative Societies – Appellant
Versus
Deepak Tyagi – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay dismissed. (Para 3 , 4 , 5 , 6) |
| 2. auctioning of flats to repay plaintiffs. (Para 9 , 10 , 11) |
| 3. compliance with statutory provisions discussed. (Para 15 , 18) |
| 4. substantial compliance doctrine emphasized. (Para 22 , 23) |
| 5. dismissing appeal due to procedural compliance. (Para 30 , 32 , 35) |
JUDGMENT
Vipin Sanghi, J. (Oral Judgment)
CM APPL. 12818/2021 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
FAO(OS) 13/2021 & CM APPL. 12816/2021 (for condonation of delay of 111 days in filing)
3. By the aforesaid application (CM APPL. 12816/2021), the appellant/Registrar Cooperative Society (RCS) seeks condonation of 111 days' delay in filing the present appeal. We have heard Mr. Munjal, learned senior counsel appearing for the appellant on merits and do not find any merit in the present appeal. Consequently, we do not consider it necessary to go into the justification provided by the RCS for the delay in filing the appeal.
4. The present appeal is directed against the order dated 03.11.2020 passed by the learned Single Judge in CS (OS) 308/2018 titled Deepak Tyagi and Or
Substantial compliance with statutory provisions ensures the legality of auctioning flats by a cooperative society, fulfilling the legislative intent while safeguarding member interests.
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....
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....
Under Rule 25 of the Delhi Cooperative Societies Rules, financial dependency, including for adult children, disqualifies individuals from membership to prevent multiple land allotments within familie....
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....
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....
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