Search Results Page

Search Results

1 - 10 of 11 (1.26 seconds)
Neha Chawda And Ors vs The College Ward Co-Op.Housing ... on 25 January, 2018 cites

Satya Pal Anand vs State Of M.P. And Ors on 25 August, 2015

15. Following the principles of law laid down in the above-stated judgments and flowing from the statutory provision contained in Section 64(2)(iv) read with Section 82(1)(c) of the Act of 1960, reverting to the factual matrix of the present case, it is undisputed position on record that respondent No.1 is a registered co- operative society incorporated under the provisions of the Act of 1960 which is engaged in the business of allotment of residential plots and executed a sale deed in favour of respondent No.2 bearing plot No.608 admeasuring 2400 sq.ft, situate at Sundar Nagar, Raipur on 21-10-1986 with a pre-condition of completing construction within a time of three years. The construction could not be carried out within the specified time by respondent No.2 6 (2016) 10 SCC 767 9 leading to cancellation of her allotment after obtaining permission from the Deputy Registrar, Co-operative Societies, on 3-7-1991 and thereafter allotment was made in favour of Narayan Das Rathi on 16-9-1991, but he surrendered the plot and it was allotted in favour of petitioner No.1 and sale deed was executed on 16-10- 1998 for a sale consideration of ₹ 72,000/- which was challenged by respondent No.2 by raising a co-operative dispute under Section 64(2)(iv) of the Act of 1960 before the Deputy Registrar, Co- operative Societies unsuccessfully and on appeal being preferred, the Joint Registrar, Co-operative Societies, allowed the appeal and directed return of sale consideration to petitioner No.1.
Supreme Court of India Cites 67 - Cited by 469 - D Misra - Full Document

Marine Times Publications Pvt. Ltd vs Shiriram Transport And Finance Co. Ltd. ... on 26 October, 1990

21. Considering the matter from all the angles, I am of the opinion that it cannot be held that the dispute as in the instant case, is not covered by co-operative dispute cognizable under Section 64(2)(iv) of the Act of 1960 and therefore it has rightly been entertained by the co-operative court and relief has rightly been granted to respondent No.2. Shaping of relief incorrectly will not denude the co-operative court to grant the relief which the member of the society is otherwise entitled and that has been granted by the learned Joint Registrar, Co-operative Societies. Even the petitioners have not raised a plea before the co-operative court that the instant dispute is not a dispute covered under Section 64(2)(iv) of the Act of 1960 in their written statement filed before the co- operative court. Hence, the petitioners cannot be permitted to take a plea for the first time before this Court that such a plea was not cognizable by the co-operative court and relief granted is barred. Judgment of the Supreme Court in the matter of Shriram Transport (supra) is not helpful to the petitioners.
Supreme Court of India Cites 6 - Cited by 16 - M H Kania - Full Document
1   2 Next