Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1960 Madhya Pradesh Co-operative Societies Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Madhya Pradesh Co-operative Societies Act, 1960:s. 64 - Dispute arising out of contract of sale andpurchase of immovable property- Between the co-operativesociety and a non-member -Whether amenable toadjudication uls. 64 - Held: A dispute can be brought withinpurview of s.-64, if the twin requirements are satisfied viz. (i)the dispute relates to constitution, management, business,or liquidation of the society (ii) and the dispute is betweenthe parties referred to in clauses (a) to (f) of s. 64(1) - In thepresent case, though the dispute touches business of the appellant society, it does not satisfy other requirements tobe brought within purview of s. 64.s. 64 (1) (c) - Expression 'business transaction' -Meaning and scope of - Held: Any activity in order to constitute business must be systematic and continuous - Inorder to treat a transaction as a 'business transaction', it mustbe business bilaterally i.e. it should be business from thestandpoint of both the parties - A single transaction ofimmovable property by the seller; if he is not in the business of selling property for profit, such transaction would fall outsidethe expression 'business transaction' -A single transaction,as in the present case, would not constitute business for boththe parties to the transactionMadhya Pradesh General Clauses Act, 1957 - s. 5 -'Singular' to include 'Plural' and vice-versa - Held: Thisprinciple is applicable only when no contrary intention isdeducible from the scheme or language used in the statute- In the present case, plural expression 'businesstransactions' occurring ins. 64(1)(c) of Co-operative SocietiesAct, would not include singular; because the intent in thatprovision is to bring only such disputes under the purview ofs. 64 which arise out of what is business for both sides andcomprises of multiple transactions :.... Madhya Pradesh Co-operative Societies Act, 1960- s. 64(1 )(c) - General ClausesAct, 1897-s.13. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2015 INSC 516 |
Petitioner | Bhanushali Housing Cooperative Society Ltd. |
Respondent | Mangilal & Ors. |
SCR | [2015] 7 S.C.R. 689 |
Judgement Date | 2015-07-24 |
Case Number | 5704 |
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