1. Bagyam & Others VS The Commissioner, Coimbatore City Municipal Corporation, Coimbatore & Another - 29 Jul 09
Ratios:a. Welfare Society of the area cannot have any ownership right over the common land situated in the area. b. The site reserved for certain usage continues to belong to its owner subject to the condition regarding its usage as per the condition imposed in the approved plan.c. Developer of any real estate scheme can transfer the site meant for specific purpose to any one and confer title to the purchaser subject to the condition regarding its usage.d. Irregularity in the allotment of land made by a society can be looked into only by the Registrar of Co-operative authorities and a third party cannot question it in civil Court.
of purchaser- Welfare Society of the area cannot have any ownership right over the common land situated in the area. ... challenged it and contended that the developer had right to transfer the land subject to the condition of its usage-Respondents ... subject to the condition regarding its usage- Irregularity in the allotment of the land by the society can be looked into only by ... Indubitably and indisputably, the said Co-operative Housing Society, referred to supra, developed a vast tract of land as house sites ... had lost his right over it; a developer could alienate even such area reserved for public purpose, provided, the purchaser of it ... In other words, the right to alienate by the developer is one guaranteed under Article 300
India - Madras
2. Mythri Residents Association VS Secretary, Tripunitura Municipality - 26 Oct 19
Public Interest Litigation which was initially created as a useful judicial tool to help the poor and weaker section of society who could not afford to come to courts, has, in course of time, largely developed into an uncontrollable Frankenstein and a nuisance which is threatening to choke the dockets of the superior courts obstructing the hearing of the genuine and regular cases which have been waiting to be taken up for years together.
Thus, Public Interest Litigation which was initially created as a useful judicial tool to help the poor and weaker section of society ... and Wet Land Act, 2008.
India - Kerala
3. Visnagar Taluka Co-Operative Purchase And Sales Union Limited(deleted) VS District Registrar, Co-op. Societies - 22 Sep 20
It is pertinent to note that there are 13 Members in the Managing Committee of the Society and the Society has 79 member societies. The bye-laws of the Society were amended in such a manner that only such member societies having a share capital of Rs. 10,000/- would be entitled to fill the nomination form to vote in the elections of the Managing Committee.
Facts of the case:According to society (now superseded) in year 2015-16, 2016-17, 2017 ... -18 and 2018-19, it received an audit Class – Certain members of cooperative society for carrying out re-audit, an exercise of re-audit ... Special Civil Application - On the basis of a re-audit report District Registrar issued a show cause notice as to why the petitioner society ... of the petitioner society. ... Society has 79 member societies. ... The facts in brief are that the Visnagar Taluka Cooperative Purchase and Sales Union Limited (‘the society’ for short) is a society
India - Gujarat
4. Prem Siddha Co-op. Housing Society VS High Power Committee - 20 Oct 21
slum-dwellers who belong to the weaker sections of the society are to be rehabilitated by providing them reasonable housing thereby protecting them from eviction and distress warrants.
with an application subsequently made by another proposed society relating to the same land - The applicant society has to have ... the Court:Scheme does not contemplate simultaneous consideration of such an application made by a proposed society ... in the slum rehabilitation area is being developed by the owner but it has not been developed within the time, then it may determine ... if the registered and permitted society of the slum-dwellers passes a resolution to remove the developer. ... with an Application subsequently made by another proposed society relating to same land. ... with an application subsequently made by another proposed society relating to the same land.
India - Bombay
5. Sun Tower Residents Welfare Association VS Ghaziabad Development Authority through its Vice Chairman - 13 Dec 21
Point of Law : Question of F.A.R./additional F.A.R. and consent of the petitioner society, as settled vide order is also linked to the issues concerning the correctness of the deed of declaration, therefore, these issues may more appropriately be raised before the State Government by filing a revision.
Further it indicates that bulk residential flats were included in module of F.A.R basis, tenders were invited said developer was ... and is not common to all adjoining society”. ... ) and another for Tower A & B Block (Windsor and Nova society). ... The G.D.A. being co-developer has colluded with private partner in the project developed by respondent no.3, full consideration has
India - Allahabad
6. State of Uttaranchal VS Balwant Singh Chaufal - 18 Jan 10
1. Advocate General for the State can be appointed after he/she attains the age of 62 years. Similarly, the Attorney General for India can be appointed after he/she attains the age of 65 years. 2. It is expected from a Hon’ble member of the noble profession not to invoke the jurisdiction of the court in a matter where the controversy itself is no longer res integra. 3. It is the bounden duty of the court to ensure that the controversy once settled by an authoritative judgment should not be reopened unless there are extraordinary reasons for doing so. 4. The Indian Courts by its judicial craftsmanship, creativity and urge to provide access to justice to the deprived, discriminated and otherwise vulnerable sections of society have touched almost every aspect of human life while dealing with cases filed in the label of the public interest litigation. The credibility of the superior courts of India has been tremendously enhanced because of some vital and important directions given by the courts. The courts’ contribution in helping the poorer sections of the society by giving new definition to life and liberty and to protect ecology, environment and forests are extremely significant. 5. The petition which is a clear abuse of the process of law and filed for extraneous considerations and also has the potentiality of demeaning a very important constitutional office, deserves to be discarded and discouraged so that no one in future would attempt to file a similar petition.
which have brought positive changes in the country- The Courts’ directions have immensely benefited marginalized sections of the society ... and orders were passed primarily to protect fundamental rights under Article 21 of the marginalized groups and sections of the society ... diluted and the traditional meaning of ‘aggrieved person’ was broadened to provide access to justice to a very large section of the society ... In Everywoman’s Health Centre Society v. ... - the poor and the marginalized sections of the society. ... The Courts’ directions have immensely benefited marginalized sections of the society in a number of cases.
India - Supreme Court
7. Mr. Raju Sitaram Landge VS Sadguru Park Co-op Housing Society - 16 Oct 07
Consumer complaint filed by a Group Housing Society which was formed by various flat purchasers in regard to a common grievance against builder was maintainable.
Consumer Protection Act, 1986—Section 2(1)(iv) and 17—Housing—Various flat owners found a Co-operative Housing Society & society ... Forum allowed complaint—Appeal—Plea that there was no privity of contract between society & appellant builder—Complainant pleaded ... all the unit purchasers had same interest in relief claimed & craved leave to file complaint in representative capacity—Housing society ... Co-operative Housing society has no locus standi to file complaint. ... Clause No. 29 of the Agreement for sale specifically states that promoter/developer along with consenting party shall transfer/or ... Clause No. 29: That Promoter/Developer along with consenting party shall transfer/or sub lease the
India - Consumer
8. T. N. Godavarman Thirumulpad VS Union of India - 10 Apr 06
.1. While the Supreme Court has laid down a chain of notable decisions with all emphasis at their command about the importance and significance of newly developed doctrine of Public Interest Litigation, it has also hatened to sound a red alert and a note of severe warning that courts should not allow its process to be abused by a mere busybody or a meddlesome interloper or wayfarer or officious intervener without any interest or concern except for personal gain or private profit or other oblique consideration.2. To determine the area covered by the forests, the technology adopted by NRSA based on ERDAS IMAGINE 8.6 is more reliable than CAD.
Secondly, a close perusal of the record throws open many questions about the credibility of the society which spent Rs.55,000/- in ... /- for obtaining satellite images, it may be noted that firstly, one fails to understand as to what prevented the said society from ... Regarding the Bilaspur Environment Society, which purportedly assisted Deepak Agarwal, as admitted by him and allegedly paid Rs.55,000 ... Srivastava and Aryan and what type of society the Bilaspur Environmental Society is, the report states that: " ... Secondly, a close perusal of the record throws open many questions about the credibility of the society which spent Rs.55,000/- in ... /- for obtaining satellite images, it may be noted that firstly, one fails to understand as to what prevented the said society from
India - Supreme Court
9. Luniyawas Grih Nirman Sahakari Samiti Limited VS State of Rajasthan, through the Secretary - 01 Feb 17
or that petitioner society does not fall in definition of person interested as defined under the Act of and in reference of Act ... which a notification was issued followed by declaration of Act and finally award - While issuing notification of Act of petitioner Society ... - A further reference of judgment in case of State of Rajasthan reported in has been given - There issue was different Housing Society ... Learned counsel for respondents have raised preliminary objections on locus of the petitioner-society. ... green residential projects and the petitioner being the developer and part of the present management are covered by the definition ... The issue determined therein was about locus of the society to challenge the acquisition
India - Rajasthan
10. HIMACHAL PRADESH CRICKET ASSOCIATION VS STATE OF HIMACHAL PRADESH - 02 Nov 18
When 11 persons are charged with criminal act with conspiracy and 9 of them are absolved, ex facie, no case of cheating/fraud or criminal breach of trust is made out. Filing of chargesheet and an order taking cognizance is not a final judicial order. It is a preliminary process open to challenge in higher judicial fora.Conversion of the Society into not for profit company under Section 25 of the Companies Act, 1956 as per the mandate of BCCI thereby preventing State Government from controlling it, is not a criminal act.
(c) Criminal jurisprudence – Appellants charged with conversion of Society ... on lease for construction of cricket stadium and allied facilities – Being lease, land remains with the State – Lease granted for ... HPAS officer promoted to IAS – No criminal acts alleged against administrative officers – Whole case revolving around allotment of land ... Accordingly, the Society was converted into a Company and the Himachal Pradesh Cricket Association stood converted from a society ... Be that as it may, the Society, after its formation, had applied for land at Village Mauja and Tehsil Dharamshala, District Kangra ... Cricket Association (the Company) to enable the Society to convert itself into a Company.
India - Supreme Court