Legal Street registered trademark

Supreme Court of India

Dhanraj N Asawani v. Amarjeet Singh Mohinder Singh Basi and Others

Neutral citation
Reported as [2023] 11 S.C.R. 297
Bench Dr. Dhananjaya Y. Chandrachud, J.B. Pardiwala and Manoj Misra JJ.
Decided 25 July 2023

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

In view of the above discussion, it is not p ossible for us to infer that Section 81(5B) of the 1960 Act bars by necessary im plication any person other than an auditor or the Registrar from setting the criminal law into motion.

Judgment, page 14

From the headnote

Issue for consideration: Whether the provisions of s.81(5B) of Maharashtra Co-operative Societies Act, 1960 can be construed as preventing a share holder of the society such as the app ellant, who was also an erstwhile director, from independently setting the criminal law in motion. Maharashtra Co-operative Societies Act, 1960 – s.81(5B) – The High Court was of the view that since the provisions of t he 1960 Act are special, the provisions of s.81(5B) would preclude the registration of an FIR at the behest of a person, such as the appellant , who is a shareholder of the co-operative society –

Authorities it was built on

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.