JAI MAHAVIR CO-OPERATIVE HOUSING SOCIETY LTD. versus PANCHAL KESHAVLAL NARBHERAM & ORS.

JAI MAHAVIR CO-OPERATIVE HOUSING SOCIETY LTD. versus PANCHAL KESHAVLAL NARBHERAM & ORS.

Once the Registrar takes the decision under Section 96 that a dispute exists and refers it to his nominee, he has no power to review that order; further, the Tribunal has jurisdiction to call for and examine the record in such proceedings under Section 150(9) as an appeal ultimately lies to it.

Parties
Appellant: Jai Mahavir Co-operative Housing Society Ltd.; First Respondent: Panchal Keshavlal Narbheram
Jurisdiction
India
Judgment Date
10 April 1987
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Revisionary Powers Under Co Operative Societies Act, Registrar's Jurisdiction and Review, Appellate Jurisdiction of Tribunal
Co Operative Societies Law Civil Procedure Revisionary Powers Under Co Operative Societies Act Registrar's Jurisdiction and Review Appellate Jurisdiction of Tribunal

Case Brief

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Parties

Jai Mahavir Co-operative Housing Society Ltd.

Appellant

Panchal Keshavlal Narbheram

First Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate From High Court Decision

Legal Issues

  1. 1 Whether the Registrar is competent to review his earlier decision under Section 96 of the Gujarat Co-operative Societies Act, 1961
  2. 2 Whether an order passed by the Registrar under Section 96(2) is subject to revision by the Tribunal under Section 150(9) of the Act

Ratio Decidendi

Once the Registrar takes the decision under Section 96 that a dispute exists and refers it to his nominee, he has no power to review that order; further, the Tribunal has jurisdiction to call for and examine the record in such proceedings under Section 150(9) as an appeal ultimately lies to it.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Parties are directed to bear their own costs.