Supreme Court of India
Shri Prakash Narain Sharma Dead through Lrs. v. M/s. Burmah Shell Cooperative Housing Society (regd) through Managing Committee Member Sh. P. Jindal
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What the Court ordered
In view of the above, we accept the writ petition and set aside the orders of both the authorities below inasmuch as they are not only cryptic but they fail to discuss the relevant facts and the issues, and which if would have been done the same would have resulted in a decision in favour of the petitioner society.
Judgment, page 12
In brief
The original claimant, S.N. Sharma, asserted membership of the Burmah Shell Co-operative Housing Society from 1952 and consequent entitlement to allotment of a plot, and raised a dispute before the Joint Registrar, Co-operative Societies, Delhi, which was referred to arbitration under the Delhi Co-operative Societies Act, 1972. After an earlier ex-parte award was set aside by this Court and the matter remanded, the Registrar as Arbitrator by award dated 07.10.2003 held that the claimant was a member and directed allotment of a plot to his legal heir on full payment; the Co-operative Tribunal affirmed this by a short order.…
Authorities it was built on
- 1975 Pasupuleti Venkateswarlu v. The Motor & General Traders
- 1954 Hari Vishnu Kamath v. Syed Ahmad Ishaque and Others.
- 2010 Shalini Shyam Shetty and Another v. Rajendra Shankar Patil
- 2002 Special Reference No. I of 2002 v..
- 1987 Raj Kumar Dey and Others v. Tarapada Dey and Others
- 2023 Central Council for Research in Ayurvedic Sciences & Anr. v. Bikartan Das & Ors.
- 2019 General Manager, Electrical Rengali Hydro Electric Project, Orissa and Others v. Sri Giridhari Sahu and Others
- 2002 Prakash Narain Sharma v. Burmah Shell Co-op. Housing Society Ltd.
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