AI Overview...
99 Years Lease as Per Resolution of General Body of Cooperative Society
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99-Year Lease Duration - The lease term of 99 years is typically established from a specific date, such as June 16, 1992, and is often formalized through resolutions passed by the General Body of the cooperative society. Such resolutions serve as legal backing for long-term leases The Hindu Urban Cooperative Bank Limited VS State Information Commission - Punjab and Haryana.
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Role of General Body Resolutions - Resolutions passed by the General Body are crucial in legitimizing lease agreements, especially for land or property held by cooperative societies. These resolutions must be clear, duly passed, and in accordance with statutory provisions to be valid Committee Of Management Doon Valley Officers Co-operative Housing Society Ltd. VS State Of Uttarakhand - Uttarakhand.
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Legal Validity & Procedural Compliance - Courts emphasize adherence to procedural requirements when passing resolutions. Resolutions regarding leases, including 99-year terms, must comply with the society's bylaws and relevant cooperative laws; otherwise, they may be challenged or deemed invalid Committee Of Management Doon Valley Officers Co-operative Housing Society Ltd. VS State Of Uttarakhand - Uttarakhand.
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Authority to Lease & Decision-Making - Typically, the General Body or Managing Committee, as authorized by the society’s bylaws, passes resolutions for long-term leases. Even in cases where the General Body has not explicitly passed such resolutions, courts may uphold lease agreements if in public interest or if directed by competent authority SRI RAMU SOLANKE VS STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPT. OF COMMERCE AND INDUSTRY - Karnataka.
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Impact of Resolutions on Society's Objectives - Resolutions for long-term leases aim to serve the society’s objectives, such as development, public interest, or economic benefits. The legitimacy of such resolutions is often upheld if they align with the society's purpose and statutory framework SRI RAMU SOLANKE VS STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPT. OF COMMERCE AND INDUSTRY - Karnataka.
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Legal Principles & Statutory Framework - The statutory rights of cooperative societies to convey or lease land are crystallized upon proper resolution passing. Delay or irregularities in passing such resolutions can render lease agreements void or subject to legal scrutiny NEELKANTH HEIGHTS COOPERATIVE HOUSING SOC AND ORS vs ABHINAV REAL ESTATE PVT LTD - Bombay.
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Challenges & Disputes - Disputes over lease resolutions, including 99-year leases, may arise from procedural irregularities, unauthorized decisions, or conflicts between members. Courts assess whether resolutions were passed following due process and within the society’s authority RISHABH VIHAR COOPERATIVE HOUSE BUILDING SOCIETY LTD. VS SALIL RICHARIYA - Delhi.
Analysis and Conclusion
A 99-year lease in a cooperative society context is primarily validated through a resolution passed by the General Body, which must adhere to statutory procedures under laws like the Uttar Pradesh Cooperative Societies Act, 1965. Such resolutions confer authority for long-term leasing and are fundamental in ensuring legal enforceability. Courts generally uphold these resolutions if they are passed properly, serve the society's objectives, and comply with legal requirements. Challenges to such leases often center on procedural lapses or unauthorized decisions, emphasizing the importance of proper resolution passing and adherence to statutory norms.
References: - Committee Of Management Doon Valley Officers Co-operative Housing Society Ltd. VS State Of Uttarakhand - Uttarakhand - SRI RAMU SOLANKE VS STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPT. OF COMMERCE AND INDUSTRY - Karnataka - The Hindu Urban Cooperative Bank Limited VS State Information Commission - Punjab and Haryana - NEELKANTH HEIGHTS COOPERATIVE HOUSING SOC AND ORS vs ABHINAV REAL ESTATE PVT LTD - Bombay - RISHABH VIHAR COOPERATIVE HOUSE BUILDING SOCIETY LTD. VS SALIL RICHARIYA - Delhi
Search Results for "99 Years Lease as Per Resolution of General Body of Cooperative Society"
2021 0 Supreme(UK) 676 • India - Uttarakhand
RAVINDRA MAITHANI
- Court analyzed procedural adherence, jurisdictional limits of administrative actions and paramountcy of general body resolutions ... (A) Uttar Pradesh Cooperative Societies Act, 1965 - Section 98(2)(a) - Quashing of orders by appellate authority - Impugned orders ... challenged on grounds of legality in consideration of membership to a society, resumption of plots, and validity of powers exercised ... In para 3 (bb), the details of resolution dated 18.07.1993 of the General....
2008 0 Supreme(Kar) 21 • India - Karnataka
S.ABDUL NAZEER
Even if the General Body of the Co-operative Society has not passed a resolution to lease the sugar factory the same can be done ... On facts, held, The direction issued is in public interest and in the interest of the Co-operative Society. ... affairs of the sugar factory and the society is bound to comply with the direction issued under Section 30-B of the Act. ... Therefore, even if the general body of the Co-operative ....
1999 0 Supreme(AP) 662 • India - Andhra Pradesh
B.S.A.SWAMY
Fact of the Case: The case pertains to a dispute between two factions of a Fishermen Cooperative Society over the leasehold ... The society was headed by Sheik Mastan, who was removed from the membership of the Society by the Managing Committee. A. ... Koteswara Rao was elected as the new President of the Society. ... Thereafter, the Managing Committee at its meeting held on 23-9-1995 passed a resolution removing Sheik Mastan from membership of the Society and the s....
2025 Supreme(Online)(Bom) 1763 • India - High Court of Bombay
AMIT BORKAR, J
, 36) ... ... (B) Legal Principles - The statutory right to conveyance crystallizes upon the formation of a society ... (Paras 38, 39) (G) Parties - Petitioners: Association of Cooperative Housing Societies; Respondents ... delaying conveyance until full development are void - The obligation to convey must be fulfilled within a stipulated time frame as per ... In the General Body Meeting held on 17th March 2024, a resolution was unanimously passed authorising the initiation of procee....
2011 0 Supreme(P&H) 1137 • India - Punjab and Haryana
MEHINDER SINGH SULLAR
It will nullify the aims and objects of the RTI Act, perpetuating and inculcating the injustice to the larger public interest in general ... Societies comes under the preview of Right to Information Act--Held; All the cooperative Societies registered under the cooperative ... (Paras 36, 37 & 38) ... (C) Right to Information Act, 2005, S.2(h)--Cooperative ... The duration of the lease is 99 years commencing from the 16th day of June, 1992. As per the ....
2010 2 Supreme 726 • India - Supreme Court
ASOK KUMAR GANGULY, G.S.SINGHVI
154(2) – Section 154(1) r/w section 3(1) and 4(33), Uttar Pradesh General ... explanation of the meaning which for the purposes of the Act must invariably be attached to those words or expressions. (1899) AC 99 ... and Phrases – “Include” – The word `include’ is generally used to enlarge the meaning of the words or phrases occurring in the body ... in favour of a registered cooperative society or an institution established for a charitable purpose, which does not have land sufficient for its need or tha....
2002 0 Supreme(Guj) 352 • India - Gujarat
B.C.PATEL, RAVI R.TRIPATHI
including various confidential letters - Irregularities and illegalities in connection with allotment of land - Co-Operative Housing Society ... (3) Resolution book of the Executive Committee of the Respondent No. 4 Society for the period from March 1995 to August 2000 (4) Resolution book in relation to Annual General Meeting of the Respondent No. 4 Society for the period March 1995 to September 2000 (5) Cash Book for the year 1994-95 and 1995 ... ... ( 83 ) THE Court has observed in ....
2012 0 Supreme(Del) 1790 • India - Delhi
SANJAY KISHAN KAUL, VIPIN SANGHI
proceed against a particular individual, member or office bearer or person entrusted with the organization or management of the society ... This was definitely a hush-hush affair perpetrated by the Defendant at the back of the Managing Committee/General Body of the Society. ... The purpose of this enquiry is not to fasten the guilt or any liability on any particular individual for any wrong doings in the society. It is a general enquiry, inter alia, into the working and financial condi....
2022 0 Supreme(Del) 929 • India - Delhi
YASHWANT VARMA
challenging election procedures of cooperative society deemed not maintainable as society does not constitute 'State' under Article ... Findings indicate cooperative society protects private interests of members (Paras 30, 31). ... (A) Multi State Cooperative Societies Act, 2002 - Maintainability of writ petitions against cooperative societies - Writ petitions ... Societies and resolution of Co-operative Society in certain cases und....
1972 0 Supreme(P&H) 229 • India - Punjab and Haryana
C.G.SURI
The land described in Civil Writ No. 2124 of 1972 had been leased out to the Karnal Co-operative Farmers Society Limited while the ... IV of 1953) - Sections 67(1), 99(2), 102, 103, 104, 105 - The Court held that the impugned orders of respondent No. 2 are non-speaking ... The Gram Panchayat and the Sarpanch were shown as the executive body entitled to defend the suits on behalf of the Gram Sabha. ... The petitioners were also members of the Co-operative society in whose favour the lease of the land whi....
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