Supreme Court of India
Myurdhwaj Cooperative Group Housing Society Ltd. v. Presiding Officer, Delhi Cooperative Tribunal and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that a principle of seniority alone cannot be said to be the correct criteria and the criteria resolved by the General Body being just, proper and fair does not call for any inference by this Court.
Judgment, page 14
From the headnote
Delhi Cooperative Societies Act, 1972 : Section 28- -.Cooperative Societies-·.Cooperative housing society-- Flats- Allotment of .Criteria-Principle of seniority- Payment of dues Defaulting membas--General Body decided to allot flats to such defaulting members in Phase II construction- Validity -Held: Not unfair, unjust, arbitrary, mala fide or irrational- .Principle of seniority alone is not the only criterion for allotment of fast- However, it must be ensured that a demand notice is served upon the defaulting member in such cases. Section 28- .Cooperative Societies -General Bod)~-Powers of-
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