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Belated Society Membership Dispute- Supreme Court Balances Statutory Rights & Equity
Case Law Details
- Case Name
- Shashin Patel And Anr Vs Uday Dalal And Ors (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
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Shashin Patel And Anr Vs Uday Dalal And Ors (Supreme Court of India)
Appellants’ case:4
The appellants (legal heirs of the original tenant and the subsequent purchaser) contended that the right to membership had crystallised long ago. The predecessor-tenant was a lawful occupant for decades, was expressly offered membership in 1995, and the AGM dated 11.08.2005 had resolved to admit him on payment of ₹5 lakh. That resolution was never withdrawn, rescinded, or challenged. The delay in payment, according to the appellants, occurred due to mismanagement of the Society and fai...
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