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Societies & Trusts have to send the copy of resolution within 6 months for approval

Raj Kumar Makkad ,
  10 January 2011       Share Bookmark

Court :
Supreme Court of India
Brief :
Trust and Societies - Expulsion of Members of Society - Delay - Section 36(3) of the Delhi Co-operative Societies Act, 1972 - High Court set aside order of financial Commissioner as well as of Registrar and approved expulsion of Appellants and other members from Society/Respondent - Whether if resolution sent by Society is not considered and decided finally by Registrar within a period of 6 months as required under Section 36(3) of Act it will be deemed to have been approved
Citation :
Sant Lal Gupta and Ors. v. Modern Co-operative Group Housing Society Ltd. and Ors. (Decided On: 18.10.2010) MANU/SC/0859/2010

Held, by provision under Section 36(3)legislation desired that resolution sent to Registrar by Society be considered and decided within a period of 6 months and that the resolution shall be effective from date of Approval 9. High Court has dealt with case without meeting any of the reasons given by Registrar. Resolution dated, 27th April, 1987 was forwarded by Respondent to Registrar for approval after an inordinate delay on 20th February, 1988. High Court in impugned Judgment itself has taken note that "several opportunities were given to the Society which finally submitted records on 19th September, 1995." Thus, delay was totally attributable to Respondent itself 26. Court set aside impugned order and restored order of Statutory Authorities. Appeal Allowed.

 
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Published in Civil Law
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