MACHHINDRANATH S/O KUNDLIK TARADE DECEASED THROUGH L.RS. v. RAMCHANDRA GANGADHAR DHAMNE
Discusses interpretation of statutes, principles of natural justice, and the distinction between void and voidable acts.
Court: Supreme Court of India
Citation: 2025 INSC 795
Decision Date: 02-06-2025
List of Laws
The Maharashtra Co-operative Societies Act, 1960; Constitution of India, 1949; General Principles of Law
- The Maharashtra Co-operative Societies Act, 1960: The judgment extensively discusses Sections 47 and 48 of the Act. Section 47(2) is mentioned as creating an embargo on the transfer of land without prior sanction from the Society. Section 47(3) states that transfers contravening sub-section (2) are void. Section 48(a) and 48(d) are discussed in relation to the creation of a charge on land and the resulting embargo on alienation. Section 48(e) declares alienations in contravention of Section 48(d) as void. The court analyzes Section 48, particularly sub-sections (c), (d), and (e), emphasizing that alienation of property with a charge is beyond the owner's capacity until the loan is repaid. The judgment interprets Section 48(e) as directory, applicable only when the aggrieved society seeks to nullify the transaction. The power of the society to release the charge under Section 48(d) and the variation of declaration under Section 48(c) are also discussed. The court also considers whether the subsequent release of the charge has a retrospective effect.
- Constitution of India, 1949: The judgment refers to Article 136 of the Constitution of India, stating it invokes the concept of extraordinary civil appellate jurisdiction and that concurrent findings can be interfered with if the finding of fact is de hors the pleadings and a misinterpretation of the material on record.
- General Principles of Law: The judgment discusses the principle that no party can take advantage of their own wrong, citing the Latin maxim "ex injuria sua nemo habere debet". It also distinguishes between "void" and "voidable" acts, stating that a void act is wholly without jurisdiction and requires no declaration, while a voidable act is valid until set aside. The judgment also discusses the concept of a bonafide purchaser.
🔒 For Members Only