Supreme Court of India · 2010-11-15
ISHWAR NAGAR COOP HOUSE BUILDING SOCIETY vs PARMA NAND SHARMA .
- Citation / case number
- SC 2008/18899
- Court
- Supreme Court of India
- Petitioner
- ISHWAR NAGAR COOP HOUSE BUILDING SOCIETY
- Respondent
- PARMA NAND SHARMA .
- Author
- MUKUNDAKAM SHARMA
- Bench
- MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the expulsion of Dr. Parmanand Sharma from the appellant cooperative society was unjustified. The Court interpreted Rule 25(1)(c) of the Delhi Cooperative Societies Rules, 1973 and Section 36(1) of the Delhi Cooperative Societies Act, 1972, concluding that the use of property for a nursing home did not violate the rules as it was not exclusively residential. The Court affirmed the High Court's quashing of the expulsion orders, emphasizing the need for clear evidence of property usage to justify membership termination.