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1 - 10 of 14 (1.18 seconds)Article 226 in Constitution of India [Constitution]
The Interest Act, 1978
The Gujarat Co-Operative Societies Act, 1961
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
The Transfer Of Property Act, 1882
The Bengal Secretariat Cooperative ... vs Sri Aloke Kumar on 18 October, 2022
NEUTRAL CITATION
C/SCA/7723/2022 JUDGMENT DATED: 07/03/2024
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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 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.