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1 - 10 of 12 (0.27 seconds)Article 226 in Constitution of India [Constitution]
Maharashtra Housing and Area Development Act, 1976
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
The Transfer Of Property Act, 1882
The Interest Act, 1978
The Bengal Secretariat Cooperative ... vs Sri Aloke Kumar on 18 October, 2022
12. At this stage, it is apposite to refer to the ratio as
laid down by the Hon'ble Supreme Court in Civil Appeal
No.7261 of 2022 dated 13.10.2022 in case of Bengal
Secretariat Co.op. Land Mortgage Bank and
Housing Society Ltd. vs. Sri Aloke Kumar & Anr.
Paragraphs 52 to 58 of the said decision read thus:
Daman Singh & Ors vs State Of Punjab & Ors on 4 April, 1985
53. By now it is well established position that once a
person becomes a member of the Co-operative Society, he
loses his individuality with the Society and he has no
independent rights except those given to him by the
statute and bye-laws. The member has to speak through
the Society or rather the Society alone can act and speaks
for him qua the rights and duties of the Society as a body
(see : Daman Singh v. State of Punjab, reported in (1985)
2 SCC 670 : AIR 1985 SC 973).
State Of U.P.. & Anr. Etc vs C.O.D. Chheoki Employees' ... on 17 January, 1997
"8. Having extensively gone through the provisions of
Section 41-A read with the Rules 18 to 25 made
thereunder, we record that the society for carrying out
redevelopment work of the building has to follow the
terms and conditions as laid down in Section 41-A which
are:-
Binny Ltd. & Anr vs V. Sadasivan & Ors on 8 August, 2005
"48. The contention of Mr. Oza, learned Senior Advocate
that there is no provision under the Gujarat Ownership
Flats Act for providing summary eviction of a
nonconsenting member unlike the provision under the
Maharashtra Housing and Area Development Act, 1976 or
The Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971, providing for such
eviction and as such Writ Court could not have issued a
Writ of Mandamus to the contesting respondents to quit
and handover vacant possession of their flats, is no doubt
an attractive argument which requires to be brushed
aside, inasmuch as the Hon'ble Apex Court in the case of
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NEUTRAL CITATION
C/SCA/18234/2022 JUDGMENT DATED: 07/02/2024
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Binny Ltd. and Anr. versus V. Sadasivan and Others
reported in (2005) 6 SCC 657, has held that the High
Court under Article 226 of the Constitution of India is
empowered to issue Writ on the principles that it is a
public law remedy and available against a body or
persons performing public law function.