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    <title>2009 (2) TMI 893 - Supreme Court</title>
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    <description>Rule 25(2) of the Delhi Co-operative Societies Rules, 1973 creates a deemed disqualification operating as a legal fiction, and its full statutory effect must be considered before directing allotment of a plot. The availability of the statutory remedy under the Act and Rules also had to be examined, because the High Court had not addressed these provisions before deciding the writ petition. As those issues were left unanalyzed, the matter could not be finally resolved on the existing basis and required reconsideration. The writ petition was therefore remitted to the High Court for a fresh hearing in light of the applicable legal provisions.</description>
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    <pubDate>Thu, 12 Feb 2009 00:00:00 +0530</pubDate>
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      <title>2009 (2) TMI 893 - Supreme Court</title>
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      <description>Rule 25(2) of the Delhi Co-operative Societies Rules, 1973 creates a deemed disqualification operating as a legal fiction, and its full statutory effect must be considered before directing allotment of a plot. The availability of the statutory remedy under the Act and Rules also had to be examined, because the High Court had not addressed these provisions before deciding the writ petition. As those issues were left unanalyzed, the matter could not be finally resolved on the existing basis and required reconsideration. The writ petition was therefore remitted to the High Court for a fresh hearing in light of the applicable legal provisions.</description>
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