Judgment Search Results Home > Cases Phrase: the delhi cooperative societies act 2003 Page 1 of about 38,735 results (0.957 seconds)

Bindya Agarwal Vs. Registrar of Co-operative Societies and anr.

Court : Delhi

..... may also note that this sub-rule is identical to delhi cooperative societies rules, 2007 framed under the delhi cooperative societies act, 2003; which are now the governing act and the rules. ..... are thus of the opinion that the acquisition of interest by the petitioner in the flat would not disqualify the petitioner if the proviso to rule 25(1)(c) of the said rules or rule 20 of the delhi cooperative societies rules, 2007 is interpreted in the manner indicated above. ..... 1994 as per rule 25 of the delhi cooperative societies rules, 1973. ..... is a case of the petitioner that due to disputes amongst the members of the society a petition was filed under section 60 of the delhi co-operative societies act, 1972 by some members, against the other 102 members of the society, where the petitioner was one of the respondents. ..... to hold draw of lots within fifteen days on intimation by the registrar cooperative society. ..... metres of land; provided further that the said disqualification shall not be applicable in case of a person who has acquired property on power of attorney or through agreement for sale and on conversion of the property from leasehold to freehold on execution of conveyance deed for it, if such person applies for the membership of the housing society concerned; (amended on 6.8.97) (ii) he deals in purchase or sale of immovable properties either as principal or as agent in the national capital territory of delhi: or (iii) he or his spouse or any of his dependent children is a member of .....

Delhi Dayalbagh Cooperative House Building Society Ltd. Vs. Registrar ...

Court : Supreme Court of India

..... in order to gear up the cooperative societies to meet the challenge posed due to economic liberalisation and superfast growth in the field of information technology and to protect the interests of the members of the cooperative societies as financial stakes had become high, the government of the national capital territory of delhi earlier appointed a committee in 1995 to prepare a new cooperative law and after a detailed discussion, committee submitted a report on 31st august, 1998 which was further 31 reviewed by the review committee and after the report being submitted, the delhi cooperative societies act, 2003 came into force on its publication in the gazette ..... counsel, section 91 of the delhi cooperative societies act, 2003 envisage that any member of the housing society who has sold his plot or flat on the registered power of attorney or agreement for sale or by sale deed ceases to be a member of the society and the transferee who has purchased the subject property on the registered power of attorney or agreement for sale or by sale deed on fulfilment of the conditions as stipulated on depositing the transfer fee and share money, if any, the society and the committee is under obligation to grant membership to the applicant within 30 days from the submission of application .....

Manohar Lal and Anr. Vs. The Registrar, Co-Op. Group Housing Societ ...

Court : Delhi

..... at first blush, there appears to be substance in the observations of this court to the effect that prohibition under section 77 of the delhi cooperative societies act, 2003 is absolute and no exemption thereto ought to be permissible, given the fact that it takes effect to ensure fair allocation of property in a cooperative group housing society and is in keeping with the spirit, object and intendment of the act. ..... 1 october, 2011 issued by the lieutenant governor, national capital territory of delhi in exercise of powers under section 127 of the delhi cooperative societies act, 2003 giving a one time exemption with regard to the self draw conducted by the 26 societies including the naval technical officers cghs ltd. ..... it is pointed out that section 88 of the delhi cooperative societies act, 1972 was in pari materia to section 12 of the delhi cooperative societies act, 2003. ..... governor was conscious of the statutory power conferred under section 127 of the delhi cooperative societies act, 2003 to exempt the applicability of any provision of the enactment through cooperative society. ..... the exemption is only one time and restricted to the application of the provisions of section 77(i) of the delhi cooperative societies act, 2003.46 ..... it is also explicit that the one time exemption is restricted only to the provisions of section 77(i) of the delhi cooperative societies act, 2003. ..... of the said notification); from applicability of section 77 (1) of the delhi cooperative societies act, 2003.2. .....

Rajib Mukhopadhyaya and ors. Vs. Registrar Cooperative Societies

Court : Delhi

Reported in : 141(2007)DLT321; 2007(97)DRJ273

..... (d) a group housing co-operative society is a statutory society and freedom and association in case of cooperative societies are controlled by the delhi cooperative societies act, 2003. ..... as already noted section 4 of the delhi cooperative societies act, inter alias refers to the society being required to promote interests of members according to 'cooperative principles' in order to get itself registered. ..... we have, thereforee, no hesitation in coming to the conclusion that the said rule 41a is contrary to the cooperative principles and, thereforee, is in conflict with section 4 of the delhi cooperative societies act.88. ..... that being the decision, and the stay order having merged with the final order passed while disposing of the writ petition, it is manifest that there was no stay operating in so far as the provisions of rule 24(2) of the delhi cooperative societies rules are concerned.7. ..... while doing so, an interim order was passed staying the operation of the rule 24(2) of the delhi cooperative societies rules, 1973 as amended by notification dated 6th august, 1997. ..... these group of writ petitions challenge the virus of rule 24(2) of the delhi cooperative societies rules, 1973 (hereinafter referred to as dcs rules) as amended on 6th august, 1997 and 1st april, 2005. ..... the court did not hold that rule 24(2) of the delhi cooperative societies rules is in any manner ultra virus to the constitution of india. .....

Anup Mittal (Huf) Vs. M/s. Kanungo Co-Operative Group Housing Society ...

Court : Delhi

..... only in the year 2013, the petitioner raised a dispute under section 70 of the delhi cooperative societies act, 2003 which was referred to arbitration with regard to the car parking charges contending that the general body of the society was bound by the provisions of the delhi cooperative societies act, 2003 and the delhi cooperative societies rules thereunder as well as the bye-laws of the society and that it had no authority to impose the car parking charges. 19. ..... by this order, the tribunal set aside the award dated 4th march, 2014 passed by the arbitrator under section 71 of the delhi cooperative societies act, 2003 (the acthereafter) whereby the claim of the petitioner herein had been upheld. 3. ..... meera mathur, learned counsel appearing for the society draws our attention to section 30 of the delhi cooperative societies act, 2003 which reads as follows :- 30. ..... section 76 of the delhi cooperative societies act, 2003 is relevant in this behalf and reads as follows:- 76. ..... the general body of the society would be competent to recover cost of the encroachment by virtue of section 30 of the delhi co-operation societies act, 2003 and rule 49 of the delhi co-operation societies rules, 2007. 82. .....

Kiran Arora Vs. The Registrar Co-Operative Societies and Another

Court : Delhi

..... as this also did not culminate in a favourable order, the petitioner sought adjudication afresh by way of petition under section 70 of the delhi cooperative societies act, 2003 filed on 11th september, 2008 seeking a direction to the society to inform her about the requisite documentation and formalities. ..... the factual narration laid before us would show that no objections were received by the society, when it was processing the request of the petitioner in accordance with the requirements of the then extant section 26 of the delhi cooperative societies act, 1972 and rule 35 of the delhi cooperative societies rules. ..... rule 35 of the delhi cooperative societies act, 1973 puts in the requirement that on a member's death, the society shall put up a public notice exhibited at the office of the society inviting claims/objections for proposed transfer of the share or interest of deceased member within the time specified in the notice. ..... the instant case had to be considered in accordance with the provisions of the delhi cooperative societies act, 1972 and the delhi cooperative societies rules, 1973 which were applicable when the petitioner's case had to be considered. ..... in these circumstances, the petitioner was compelled to raise a claim before the registrar of cooperative societies which was referred to arbitration under section 70 of the delhi cooperative societies act. ..... our attention is drawn to section 26 of the delhi cooperative societies act, 1972. .....

Sadbhawna Cooperative Group Housing Society Ltd vs.arvind Kumar Sharma

Court : Delhi

..... in this writ petition has impugned statutory arbitration award dated 29th february, 2012 made under section 71 of the delhi cooperative societies act, 2003 and the order dated 1st july, 2016, passed by the delhi cooperative tribunal affirming the said award. w.p. ..... the said contention obviously is not correct, for the respondent had earlier initiated proceedings under the consumer protection act and subsequently initiated proceedings under the delhi cooperative societies act. ..... for cancellation of membership, the petitioner has failed to show that they have followed rules and regulations of expulsion as envisage in rule 36 of the delhi cooperative societies rules, 1973 as well as the procedure as laid down by the rcs office vide its directive dated f-47/gh/directive/89-90 dated 26th march, 1990. ..... in 2003, the administrator appointed by the registrar of cooperative societies had sent the letter dated 4th september, 2003, asking the respondent to pay rs.5,00,000/- within 10 days towards construction fund. ..... similarly, the petitioner has also failed to follow the procedure laid down under section 40 of the act, which stipulates that the expulsion or cessation has to be approved by the registrar, cooperative societies. ..... another contention raised by the petitioner cooperative society is that the respondent in the consumer complaint had sought refund of the amount deposited by him, but had subsequently in the arbitration proceedings raised the claim that his membership should continue. .....

Bhatnagars’ Cooperative House Building Society Ltd. Vs.sandeep Bhatn ...

Court : Delhi

..... on being questioned, learned counsel for the cooperative society explaining the delay submits that the respondent, sandeep bhatnagar son of late brij nath swarup bhatnagar, had filed an appeal/application under section 28(1) of the delhi cooperative societies act, 2003 (2003 act, for short) before the registrar, cooperative societies for transfer of membership in his name on death of his father. ..... counsel for the cooperative society relies on rule 25(1)(c) of the delhi cooperative societies rules, 1973 and states that prakashwati had incurred disqualification as no person could have continued as a member of a cooperative society if he or she, spouse or dependent children were owner a residential house. ..... this enrollment by transfer had taken place before enactment and enforcement of the delhi cooperative societies rules, 1973. ..... in these circumstances, late brij nath swarup bhatnagar had filed a petition under section 87 of the 2003 act, before the registrar, cooperative societies, which was accepted vide order dated 18th january, 2013.7. ..... subsequently, it was observed and resolved by the cooperative society that transfer of membership in favour of late brij nath swarup bhatnagar was bad and reference was made to registrar, cooperative societies and delhi development authority for approval of cessation of membership and cancellation of the sub-lease deed of the plot.6. .....

Delhi Epdp Cooperative Group Housing Society Lim Vs. Registrar Coop ...

Court : Delhi

..... the respondent no.1, registrar cooperative societies is a statutory authority created under the provisions of delhi cooperative societies act, 2003, respondent no.2 has been appointed special registrar to implement the provisions of the delhi cooperative societies act, 2003 and rules framed thereunder and respondent no.3, sh. ..... prior to the enactment of the delhi cooperative societies act, 2003 the procedure for expulsion of a member was provided under rule 36 of the delhi cooperative societies rules, 1973. ..... the petitioner is a co-operative group housing society limited (hereinafter referred as the petitioner society ) duly registered under the delhi cooperative societies act, governed by the provisions of delhi cooperative societies act, 2003(hereinafter referred to as the act ), the delhi cooperative societies rules, 2007 (hereinafter referred to as the rules ) and its registered bye-laws. ..... it further held that rule 36 is not directory and it is incumbent upon the society to follow the letter of law and to meticulously comply with the provisions of rule 36 of the delhi cooperative societies rules 1973. ..... now dealing with rule 36 of the delhi cooperative societies rules 1973, the division bench of this court in the case of r.k. .....

J.L. Kapur Vs. Burmah Shell Co-operative Housing Society and ors.

Court : Delhi

Reported in : 2008(103)DRJ527

..... find that neither the grievance regarding section 94 of the delhi cooperative societies act 2003 not being implemented, nor the issue of discriminatory terms of the sale deed were raised either in the arbitration proceedings or before the delhi cooperative tribunal. ..... further submits that the actions of the respondent society are motivated in as much as its intention was to circumvent section 94 of the delhi cooperative societies act 2003 so as to avoid the respondent society being wound up.6 ..... it is also not understood as to how the petitioner could ask for ndmc to be made a party to an arbitration proceedings under delhi cooperative societies act 2003 when ndmc was not a party to any ..... the petitioner challenged the reference order by way of an appeal before the delhi cooperative tribunal on the ground that the reference order was passed without application of mind and without deciding whether ndmc ought to be a party and whether disputes sought to be raised by the society could be referred for arbitration under the delhi cooperative societies act.4 ..... 1 society raised a claim against the petitioner and filed an arbitration petition under section 70 of the delhi cooperative societies act 2007 praying for an award ..... however, keeping in view the well reasoned order passed by the delhi cooperative tribunal and the finding of the tribunal that in the past also the petitioner had not paid the service dues of the respondent society, we do not think that it is a fit case for interference in .....