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1970 Supreme(Guj) 101

D.A.DESAI, P.N.BHAGWATI
RASIKLAL PATEL – Appellant
Versus
KAILASGAURI RAMANLAL MEHTA – Respondent


Advocates Appeared: K.G.VAKHARIA, P.K.PAREKH, SANGITA M.THAKKAR

P. N. BHAGWATI, J.

( 1 ) THESE two petitions raise an interesting question of law as to the Constitutional validity of secs. 96 to 102 of the Gujarat Co-operative Societies Act 1961 Special Civil Application No. 452/68 arises out of a dispute between a Co-operative Society and its members while Special C. A. No. 1188/69 arises out of a dispute between a Cooperate Society and a non-member. Since different considerations may apply in determining the constitutional validity of secs. 96 to 102 according as the dispute is between a Co-operative Society and a member or between a Co-operative Society and a non-member it is necessary to notice separately the facts of each petition.

( 2 ) RE:- Special Civil Application No. 452/68. The second respondent Society is a Co-operative Society registered under the Bombay Co-operative Societies Act 1925 and deemed to be registered under the Gujarat Cooperative Societies Act 1961 The petitioners are members of the second respondent Society and they claim to be allottees of plots Nos. 9a and 9 are sub-divisions of original Plot No. 9. This claim is disputed by the first respondent. Her case is that she is a member of the second respondent Society and t





























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