...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-operative...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 Cooperative...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 aforesaid...-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 but it cannot file a suit for getting the contract enforced or performed in favour of an unregistered cooperative...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 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 Cooperative...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...

... Cooperative Society cannot enforce a contract in favour of an unregistered Cooperative Society and that unregistered Co-operative 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 Cooperative...2002(1) GLH 290 by holding that an unregistered cooperative society cannot enter into a contract. 17. Under the above circumstance the transaction i.e...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 law, and.... 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 society cannot enter into a contract, as... 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 force. 23. The question as to whether the suit instituted at the instance of the promoters of an unregistered society for specifc performance of a contract for...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...

...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...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...principle may be added, namely, that a document required to be registered, if unregistered, can be admitted in evidence as evidence of a contract in a suit for specific performance...

...words “arising from a contract” in Section 69(2) refer only to a situation where an unregistered firm is enforcing a right arising from a contract entered into by the firm with the defendant during the...(1998) 7 SCC 184. In that case, Majmudar, J. speaking for the Bench clearly expressed the view that Section 69(2) cannot bar the enforcement by way of a suit by an unregistered firm in...Section 69(2).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...

..., it 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...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 IAAI...“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 of...

...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...

...by a person when he seeks to become a member of that society. Even the formation of the society is based on a contract. This freedom to contract available to a citizen cannot be curtailed or curbed...member of a society unless he was a person competent to contract under Section 11 of Contract Act, 1872. Section 7 stipulated the conditions for registration and provided that no society could be...could not be held to be invalid or 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...

...tenant and on what 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...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 premises were let out to the respondent only for...Chand Jain, though 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...

...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.... In this 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...property, therefore, the reliance placed upon Section 19(b) of the Specific Relief Act as they being the bona fide purchasers, the specific performance of contract cannot be enforced against 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...is agency coupled with interest under Section 202 of the Indian Contract Act. The agency cannot be revoked without payment to mortgagee. Third, if the power is acted upon, revocation even on...

...action is concerned, it cannot in any way be said to be arising out of the contract. Hence the said cause of action was not in any way hit by Section 69(2) of the Partnership Act. He lastly...satisfied on the facts of the present case as the suit filed by the respondent-plaintiff unregistered firm was for enforcement of the right of the respondent-plaintiff arising from the contract of lease...words “wrongful occupation” 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...

...anterior to the letter Ex. P-3 dated October 9, 1950, or it was in pursuance to the contract dated October 10, 1950, as reflected in the unregistered sale deed. In this connection the stand taken by the...performance. Be that as it may, it is not suggested that there was any oral contract anterior to the one as found in the unregistered sale deed Ex. D-1. Nor is there any suggestion of any draft agreement...necessary to constitute the transfer can be ascertained with reasonable certainty. There was no concluded contract prior to Ex. D-1. The only written contract which is relied on is the unregistered...

...between “works contract” and “contract for sale of goods” and having regard to that it is submitted that the activity of construction undertaken by the promoter/developer cannot be said to be works...nature. Even 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...referred. It is submitted that the term “works” would include the final product and, therefore, a works contract cannot be confined to a contract to provide labour and services but is a contract for...