Supreme Court · 2007 INSC 1130 · Decided 2 November 2007

Veena Kumari Tandon v. Neelam Bhalla and ORS.

Court
Supreme Court of India
Citation
2007 INSC 1130 · [2007] 11 S.C.R. 960
Case number
CIVIL APPEAL No. 5130/2007
Decided
2 November 2007
Bench
S.B. SINHA, H.S. BEDI (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Maharashtra Cooperative Housing Societies Act, 1960-s. 2 7- Voting by members of same family-Entitlement-Held: Each member c of family admitted to membership of Society is entitled to vote despite definition of 'family' contained in Bye-Law 3(XXV)-S.27 clearly provides for one member-one provisions of the Act and cannot act in derogation thereof-Bye-laws 3 (XXf1, 8( a), D 9(a) and 9(b), l 9(iii) of the Merry Niketan Cooperative Housing Society ......( Ltd. ' . Legislative intent-If Legislative Act provides for a concept, bye- law cannot create another concept so as to defeat the

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