Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Articles 227 - Jurisdiction under - Scope |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950: Articles 227 — Jurisdiction under — Scope - Respondents-members of appellant- society enrolled for allotment of apartments defaulted in payment of deposit amount — Society passed resolution expelling them from membership - Registrar of Co- operative Societies approved the resolution — Revisional Authority confirmed the expulsion order — Writ court held that the respondents had not made out a case for interference with orders of the authorities - However, on a request of respondents and concession given by the counsel for the society, the Writ court gave directions to society for construction of additional quarters - On appeal, Held: The prayer in the writ petition was to set aside the orders passed by the authorities below — Even if the said petitions were styled as petition u/Art.226, the content and the prayers thereunder being one requiring exercise of supervisory jurisdiction only could be treated as petitions filed u/Art.227 of the Constitution only — Writ court held that expulsion of respondents from society was justified — Having said so, the Court ought not to have issued the impugned directions merely because a request was made for the respondents — Court while exercising its power u/Art.227 ought to have contined itself to the subject matter and the issues raised by parties in the wnt petition - Moreover, Court ought to have |
Judge | Hon'ble Mr. Justice Arun Mishra Honble Mr. Justice H.L. Dattu Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2015 INSC 369 |
Petitioner | Himalayan Co-operative Group Housing Society |
Respondent | Balwan Singh |
SCR | [2015] 4 S.C.R. 616 |
Judgement Date | 2015-04-29 |
Case Number | 4360-61 |
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