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IN THE HIGH COURT OF DELHI AT NEW DELHI
NITIN WASUDEO SAMBRE, ANISH DAYAL
Ranjana Kapoor – Appellant
Versus
Mani Ram Through His Legal Heirs – Respondent
| Table of Content |
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| 1. dispute over membership transfer and eligibility. (Para 3 , 4) |
ANISH DAYAL, J.
1. Petitions have been filed assailing the impugned order dated 19th February 2019, passed by the Delhi Co-operative Tribunal (‘DCT’) in Appeal No.140/2014/DCT. By the impugned order, DCT had dismissed the appeal filed by the petitioner herein against the award dated 18th June 2014 passed by the Arbitrator, Registrar of Co-operative Society (‘RCS’ in Case No.225/09/DCT
2. Based on submissions of parties, the sequence of events which form the crux of the dispute are as under:
(i) Petitioner/Ranjana Kapoor claims that she was enrolled as a member of respondent no.2/Society in February 1971, in her individual right and made payment towards her requisite share money and other development charges.
(ii) Petitioner/Ranjana Kapoor claims that she participated in all general body meetings, elections and other events and has paid her dues till date, with no amount remaining pending. Her name appeared at Serial no.19 in the membership list of respondent no.2/Society, recognizing her as a valid member.
(iii) In 1977, respondent no.2/Society developed a residential housing colony known as Rajdhani Enclav
Membership claims in cooperative societies must be substantiated with evidence of eligibility and compliance with cooperative rules.
The main legal point established in the judgment is that fraudulent and illegal acquisition of membership and possession in a cooperative society, including suppression of material facts and circumve....
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 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.
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....
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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