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Supreme Court of India 2017-10-10 dismissed

Uttara Co-Operative Housing Society Ltd vs Pralay Karmakar

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

A cooperative housing society agreed in 1979 to sell land to a member after obtaining necessary government permission. When the society later attempted to sell the land to a third party in 1985, the member filed a dispute under the Cooperative Societies Act. The Arbitrator held the dispute was within the limitation period (30 days from when the breach became known). A tribunal wrongly set aside this award. The High Court set aside the tribunal's order. The Supreme Court upheld the High Court, holding that the dispute was timely filed, the society's property transactions fell within its permitted scope, and the High Court correctly corrected the tribunal's patent illegality."

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Cooperative Law Arbitration Limitation Land Sale Supervisory Jurisdiction

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