GUJARAT HIGH COURT
Not Mentioned, J
Shankerbag Co-operative Housing Society Ltd. v. Sarojben Maganbhai and Another
| Table of Content |
|---|
| 1. three appeals raise identical legal issues under s.96 and s.167. (Para 1 , 2 , 3) |
| 2. lawsuit facts involve recovery of deposits made by minors to a society. (Para 4 , 5 , 6) |
| 3. issues surrounding statutory notice requirements under co-operative society laws. (Para 11 , 14 , 16) |
| 4. court's determination on what constitutes 'touching the business' of the society. (Para 12 , 18) |
| 5. final ruling dismisses all appeals and cross-objections. (Para 19) |
1. The appellant in this group of three appeals has invoked the aids of the provisions of S.96 of the Civil Procedure Code ('Code' for short, hereinafter).
2. Since a group of these three appeals arise out of a common judgment and raise identical questions, with the consent of the learned counsel for the parties, they are being disposed of by this common judgment. The sole question which is posed for consideration before this Court in this group of three appeals is : whether an act of taking deposits by a co - operative society would be an act of business of the defend ant - co - operative society and, if yes, whether a notice under S.167 of the Gujarat Co - operative Societies Act ('Act' for short, hereinafter), is mandatory?
3.

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