CiteTEXT
...propsed Cooperative Housing Society not being duly registered as a Cooperative Society cannot enforce a contract in favour of an unregistered Cooperative Society and that unregistered Co-...Society cannot enter into contract and that suit itself is not maintainable as society itself is not in existence in the eye of law and that the contract entered into by proposed/unregistered Coop...2002(1) GLH 290 by holding that an unregistered cooperative society cannot enter into a contract. Under the circumstances, the...
...Society cannot enter into contract and in the same way, but it cannot file a suit for getting the contract enforced or performed in favour of an unregistered Co-operative Society. In the ...-operative Society, not being duly registered Co-operative Society, could not enforce a contract in favour of an unregistered Co-operative Society. So it is clear that an unregistered Co-operative...unregistered Co-operative Society was not maintainable, and therefore, when the suit by an unregistered Co-operative Society was not maintainable, the appeal would also be not maintainable, and therefore...
..., could not enforced a contract in favour of an unregistered cooperative society. So it is clear that an unregistered cooperative society cannot enter into contract and in the same way bu...the time of the agreement to sale. That the appellant-original plaintiff society was not a registered society at relevant point of time. It is further contended that a suit by an unregistered...cooperative Society was not maintainable and, therefore, when the suit by an unregistered cooperative society was not maintainable, the appeal would also be not maintainable and, therefore, the appeal may be...
...Cooperative Society cannot enforce a contract in favour of an unregistered Cooperative Society and that unregistered Co-operative Society cannot enter into contract and ...appellant and the respondent is not legal one as appellant is not competent to enter into the contract being it is unregistered society.
10. In support of his contention...Court in the case of Ramji Mandir Narsinhji (Supra) is confirmed by the Hon'ble Supreme Court of India as reported in 2002(1) GLH 290 by holding that an unregistered cooperative society cannot enter...
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Cooperative Society cannot enforce a contract in favour of an unregistered Cooperative Society and that unregistered Co-operative ...2002(1) GLH 290 by holding that an unregistered cooperative society cannot enter into a contract.
17. Under the abo...contention of the respondent the transaction between the appellant and the respondent is not legal one as appellant is not competent to enter into the contract being it is unregistered society...
.../unregistered society cannot be said to be a legal entity, and therefore, any contract or agreement-to-sale by or in favour of such a proposed/unregistered society, is not enforceable under the la.... unregistered co-operative Society, and therefore, the suit for specific performance of the agreement-to-sale is not maintainable. That the learned trial Court framed the issues that whether the suit contract...Court answered the aforesaid issue in negative and held that the suit contract is legally not enforceable in view of the fact that the plaintiff No.2-Society was unregistered on the date of the...
...petitioner society is not a registered society. The learned Senior Advocate submits that an unregistered society cannot enter into a transaction of sell or lease. An unregistered cooperative ... 13 WP 8864.2013 such, they cannot contend that the commercial plot cannot be allotted to a cooperative society. The learned Advocate relies on the judgment of the Apex...Advocate for the petitioner further submits that the stand taken by the respondents that the petitioner is a proposed cooperative society, and as such, is not entitled to enter into a contract is...
...defend the suit and other legal proceedings. An unregistered society, according to Mr. Damle, cannot maintain an action for specifc performance of the contract. 10. To bolster up...to meet this challenge by canvassing a submission that the housing co-operative society cannot be registered until it owns the property. Therefore, the aforesaid pronouncements do not govern the facts of the instant case with equal ...impleadment of the applicants on behalf of the plaintiffs premised an impermissibility of an unregistered society prosecuting a claim for enforcement of specifc performance of the contract, is required to...
...contract or instrument. Therefore having regard to the proviso to Section 49 of the Registration Act read with Section 16(1)(a) of the Act, an arbitration agreement in an unregistered but compulsorily...upon the unregistered instrument except for two purposes, that is (a) as evidence of contract in a claim for specific performance, and (b) as evidence of any collateral transaction which does not...require registration.Re: Question (iii)23. Where a lease deed is for a term of thirty years and is unregistered, the terms of such a deed cannot be...
...R.M Lodha, J.— Leave granted. The short question is one of admissibility of an unregistered sale deed in a suit for specific performance of the contract...registered instrument. By virtue of the proviso, therefore, an unregistered sale deed of an immovable property of the value of Rs 100 and more could be admitted in evidence as evidence of a contract...in a suit for specific performance of the contract. Such an unregistered sale deed can also be admitted in evidence as an evidence of any collateral transaction not required to be effected by...
...cannot be taken as evidence of direct employment under the principal employer.54. Clause 17 of the contract agreement required a supervisor to be employed by the Society also. Exercise of...services of IAAI till such time the Authority has made its own regular arrangements, on contract basis through a cooperative society formed on specified terms and conditions and period as per the policy of...of “Airport Industrial Cooperative Service Society Ltd.” (“the Society”, for short) on 28-11-1985. Pending finalisation of a contract with the said Society, in terms of the memo filed in WP No. 11683...
...unregistered cooperative society can hold lands under a sale-deed executed while it was not registered. Mr. Parikh would submit that the State Government cannot make any submission contrary to its...under the general law, an unincorporated society cannot hold the land or enter into a contract. It is submitted that when the law specifically applicable to the issue recognizes an unincorporated body...itself recognizes that the unregistered cooperative society can hold lands under a sale deed executed while it was not registered. It is settled law that the State Government cannot make an argument...
...).12. For the aforesaid reasons, in both these situations, the unregistered partnership in the case before us cannot be said to be enforcing any right “arising from a contract”. Point...applicable to a passing-off action?(ii) Whether the words “arising from a contract” in Section 69(2) refer only to a situation where an unregistered firm is...clearly expressed the view that Section 69(2) cannot bar the enforcement by way of a suit by an unregistered firm in respect of a statutory right or a common law right. On the facts of that case, it...
...members of the society with limited liability. Section 6-A enacted that no person shall be admitted as a member of a society unless he was a person competent to contract under Section 11 of Contract...unenforceable and the Society cannot be compelled to act against the terms of its bye-laws. He also submitted that there was no absolute restraint on alienation to attract Section 10 of the Transfer....”10. Section 22 provides that subject to the provisions of Section 25, no person shall be admitted as a member of a society unless he is an individual, who is competent to contract, a...
...terms he has been created a tenant are not collateral facts but they are important terms of the contract of tenancy, which cannot be proved by admission of an unregistered lease deed into evidence...High Court as well as the trial court were wrong in holding that the lease agreement being an unregistered document cannot be used to establish the provisions made in that agreement that the suit...unregistered can be considered for collateral purposes and as such the findings of the appellate authority to the effect that the said deed cannot be used for collateral purposes, namely, to show that the...
...mortgage. In 1968 the mortgagee advanced a further sum of Rs 42,000.6. In 1966 Fair Deal Builders entered into a contract with Society to build. The work was stopped. Thereafter...in 1967 the Society entrusted the work to Maharaja Builders. In 1968 the contract with Maharaja Builders was terminated. The work was given in 1969 to Kamal Construction Company, who abandoned it in...Contract Act. The agency cannot be revoked without payment to mortgagee. Third, if the power is acted upon, revocation even on payment cannot nullify acts pursuant to powers. Reliance was placed on...
...shows that the suit filed by an unregistered firm against a third party for enforcement of any right arising from a contract with such a third party would be barred at its very inception. To attract the...” cannot, therefore, be interpreted to mean only “in breach of any of the terms and conditions of the contract” and can legitimately take in its sweep unlawful occupation after the lease expired on the...source of right to possession being its erstwhile contract which is dead and gone. It cannot necessarily be the foundation of the cause of action unless the plaint itself refers to such a cause of...
...filed by all the defendants denying the claim of the plaintiff inter alia contending that the time is the essence of the contract as per unregistered agreement of sale (Ext. A-1). As the plaintiff had...case no such notice was served, and from the mere delay in calling upon Appellants 1 and 2 to complete the contract, default on the part of the respondent cannot be inferred. But the trial court also...specific performance of contract cannot be enforced against the transferees. Defendants 12 to 15 being the transferees as they have purchased the suit scheduled property for value and have paid the...
...concluded contract prior to Ex. D-1. The only written contract which is relied on is the unregistered sale deed Ex. D-1 of October 10, 1950. On the admission of the mortgagee himself it is crystal clear...and a concluded contract stand apart from each other. Anything at the negotiating stage cannot be claimed as contract unless the contract is concluded between the parties i.e the parties are ad idem...only contract relied upon by the mortgagee defendant was one contained in the unregistered sale deed Ex. D-1 dated October 10, 1950, committed an error in holding that the payment of Rs 1000 prior to...
...cannot be said to be works contract for the reasons:22.1 That the developer does not construct at the behest of the flat purchaser as on various occasions the flat is...after the amendment the transaction in which there is transfer of property in goods has to be works contract. The amendment cannot be interpreted to mean that transfer of property in goods in...though the contract may be indivisible contract for construction of a building in the form of an immovable property. Once it becomes an immovable property, Article 366(29-A)(b) cannot be pressed into...