AI Overview...
- Breach of Contract in Cooperative Societies - The cases highlight that breaches involving cooperative societies often relate to commercial transactions, construction agreements, or employment disputes. For instance, in suit Pushpakunj Cooperative Housing Society Limited VS H. S. B. Construction - Bombay, the transaction was commercial, involving late payment charges for construction work, though no conclusive documentation was presented. Similarly, in Shanti Builders VS CIBA Industrial Workers' Co-op. Housing Society - Bombay, a society's failure to perform reciprocal promises under a contract with a builder was deemed a breach under the Contract Act, emphasizing the contractual nature of such disputes.
- Disputes Touching Business or Commercial Activities - Several cases, such as GUJARAT STATE COOPERATIVE SUGAR INDUSTRIES SOCIETY LIMITED VS VINAYAKBHAI D. CHAUHAN - Gujarat and PURAN SINGH SAHNI VS SUNDARI BHAGWANDAS KRIPALANIS - Supreme Court, establish that disputes related to wages, employment, or property management are considered to touch the business of the society, thus falling under the scope of commercial or industrial disputes. The scope of dispute touching the business is broad, encompassing salary payments, property rights, and contractual obligations.
- Legal Capacity and Authority of Societies - Cases like Shraddha Commercial Premises Coop. Society, Aurangabad VS State of Maharashtra - Bombay and Puran Singh Sahni VS Sundari Bhagwandas Kripalani - Supreme Court indicate that societies may lack the legal capacity to enter into certain transactions or seek specific performance, especially if resolutions are post hoc or not supported by proper documentation. The legality of resolutions and the society's authority are crucial in assessing breach claims.
- Industrial Disputes and Labour Relations - As per WORKMEN OF THE ORISSA POLICE CO-OPERATIVE SYNDICATE VS STATE OF ORISSA - Orissa, disputes between societies and their workmen are considered industrial disputes, resolvable through specialized agencies. This underscores that employment-related breaches are governed by industrial law rather than general contractual law.
- Remedies and Dispute Resolution Mechanisms - Several sources mention arbitration (Omkar Realtors & Developer Private Limited VS Tenants Co-Op. Housing Soc. Ltd. - Bombay) and the role of cooperative courts in resolving disputes touching the society's business. Breach claims often involve procedural requirements, such as prior resolutions or approvals, and may be subject to specific dispute resolution processes.
- Summary and Conclusion - Claims of breach of contract by cooperative societies are typically linked to commercial transactions, employment, or property dealings. The courts emphasize the importance of proper resolution, documentation, and the society's authority. Disputes touching the society's business are generally considered commercial or industrial disputes, with specific legal frameworks guiding their resolution.
References: - Pushpakunj Cooperative Housing Society Limited VS H. S. B. Construction - Bombay - GUJARAT STATE COOPERATIVE SUGAR INDUSTRIES SOCIETY LIMITED VS VINAYAKBHAI D. CHAUHAN - Gujarat - Shanti Builders VS CIBA Industrial Workers' Co-op. Housing Society - Bombay - Shraddha Commercial Premises Coop. Society, Aurangabad VS State of Maharashtra - Bombay - WORKMEN OF THE ORISSA POLICE CO-OPERATIVE SYNDICATE VS STATE OF ORISSA - Orissa - PURAN SINGH SAHNI VS SUNDARI BHAGWANDAS KRIPALANIS - Supreme Court - Ghaziabad Zila Sahkari Bank LTD. VS Addl. Labour Commissioner - Supreme Court - Omkar Realtors & Developer Private Limited VS Tenants Co-Op. Housing Soc. Ltd. - Bombay - DAU DAYAL MAHILA (P. G. ) COLLEGE VS STATE OF UTTAR PRADESH - Allahabad
Search Results for "Breach of Contract Claim by Cooperative Society Commercial Dispute Resolution Application"
2008 0 Supreme(Bom) 141 • India - Bombay
B.P.DHARMADHIKARI
Suit filed by plaintiff was money suit and transaction between parties is commercial one. ... It appears that there is resolution by which meaning committee of Defendant resolved to pay Rs. 200/- per day as late payment charges ... for construction work-Filed no document to prove same-Examined one witness from Bank-Plaintiff’s loan application not brought on ... Society registered under the provisions of Maharashtra #HL_ST....
2001 0 Supreme(Guj) 743 • India - Gujarat
KUNDAN SINGH
directly relating to the actual trading or commercial activities of the society – Dispute regarding payment of salaries or difference ... – This case is whether wages of officer or employees fixed by resolution on the basis of some by-laws by a co-operative society will ... Mankad and another (Supra) that the scope of the expression "any dispute touching the business of the soc....
2012 0 Supreme(Bom) 992 • India - Bombay
ROSHAN DALVI
Contract Act, 1872 - Sections 51 and 52 - Breach of reciprocal promise. ... Where there was a contract between society and builder and society not performed its reciprocal promise therefore society cannot ... time fixed, not entitled society for any relief. ... The contract between the parties was a commercial contract#HL_E....
2018 0 Supreme(Bom) 1418 • India - Bombay
S.V.GANGAPURWALA, S.M.GAVHANE
society is not competent to enter into transaction and on other hand application forms issued by MIDC also shows proposed cooperative ... and stating that land to cooperative societies would not be allotted- Resolution is subsequent to offer accepted by petitioner – ... society- Legal right was not created in favour petitioner to claim specific performance and or seek d....
1981 0 Supreme(Ori) 201 • India - Orissa
R.C.PATNAIK, N.K.DAS
A CO-OPERATIVE SOCIETY AND ITS WORKMEN IS AN INDUSTRIAL DISPUTE AND WHETHER SUCH A DISPUTE IS ONE TOUCHING THE BUSINESS OF THE SOCIETY ... Whether a dispute between a co-operative society and its workmen is an industrial dispute? 2. ... Act has one special mission-the resolution of industrial disputes through specialised agencies acco....
1989 0 Supreme(SC) 258 • India - Supreme Court
K.N.SAIKIA, M.M.PUNCHHI
- Claim made by co-partner for ejectment of occupant was held to constitute a dispute touching business of a society within meaning ... we are of view that instant dispute is one envisaged in Section 91 of Maharashtra Cooperative Societies Act and Cooperative Courts ... - By an application, Advani obtained permission of Society to induct appellant temp....
2007 2 Supreme 308 • India - Supreme Court
A.R.LAKSHMANAN, TARUN CHATTERJEE
were suspended by circulars issued by the Registrar, Cooperative Societies—However, Board of Directors passed a resolution for grant ... Therefore, it is governed by Regulation 42 (2) that any cooperative society may also grant pecuniary incentive only with the prior ... Industrial Disputes Act held not applicable to Cooperative Societies—Application under Section 6H(1) is an illegal set....
2023 0 Supreme(Bom) 377 • India - Bombay
BHARATI DANGRE
and Development Agreement was expected to be executed only when Developer was called upon to do so - Commercial Arbitration Application ... , the dispute arose on account of non-co-operation tactics played by Respondent, after appointment of newly elected managing committee ... arbitration by Applicant-Developer, when the dispute arose between parties – Held, Applicant into Security Deposit and as per Applicant ... #HL_ST....
1991 0 Supreme(SC) 108 • India - Supreme Court
M.M.PUNCHHI, K.N.SAIKIA
Housing Society Ltd. was a tenant co-partnership cooperative society (Society) and late father of respondent 1 (Advani) was its ... By an application Advani obtained permission of Society to induct appellant temporarily into his flat and accordingly, appellant ... persons who are not members is not tenable, inasmuch as appellant is involved in a dispute touching the bus....
2007 0 Supreme(All) 1421 • India - Allahabad
ARUN TANDON
Course by N.C.T.E., to obtain “No Objection Certificate” from State of U.P., before they can move applications for grant of recognition ... The dispute involved in the present writ petition thus is purely of breach of contract, if any, by a private employer and against ... Where there is a dispute between two private parties or complaint of breach of contract, the remed....
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