Supreme Court · 2010 INSC 781 · Decided 15 November 2010
Ishwar Nagar CO-OP.HOUSE Building Society v. Parma Nand Sharma and ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 781 · [2010] 13 S.C.R. 966
- Case number
- CIVIL APPEAL No. 9671/2010
- Decided
- 15 November 2010
- Bench
- MUKUNDAKAM SHARMA, ANIL R. DAVE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 102(1); Companies Act
Headnote
Delhi, Cooperative Societies Rules, 1973: r.25(2) - Retrospective or prospective in effect - Held: r.25(2) operates in future, though the basis for taking action is the factum of acquiring a plot in the past - Thus, when by virtue of r.25(2), a member is deemed to a member of the society, the cessation operates from April 2, 1973, when the rules came into force - Merely because a person who had become a member of the society at a point of time when the disqualification mentioned in r.25 was not in existence and because of the said rule would cease to be a
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