TaxTMI 
TaxTMI 
1998 (5) TMI 341
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....egistered body known as 'Indian Cables Maker's Association' was inducted in the year 1969 as a tenant in the premises Room No. 503, 5th Floor, Arun Chambers, Tardeo, Bombay by respondent No. 2 under an agreement termed as leave and licence dated 23-9-1969 at a rental of Rs. 1,500 out of which Rs. 1,000 was towards the premises and rent of Rs. 500 p.m. was payable towards furniture and fixtures; that the name of the appellant was changed from Indian Cable Maker's Association into Electrical Cable Development Association also another unregistered body in the month of August 1972 and with the said association also a similar leave and licence agreement was executed by the respondent No. 2 on a rental of Rs. 1,750 p.m. out of whi....
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....titution before the Bombay High Court, that by an order made on 2-4-1991 the High Court upheld the order made by the Maharashtra State Co-operative Appellate Court and dismissed the writ petition, however, giving time to the appellant to vacate the premises by about a month. Hence, this appeal by special leave. 2. On 20-8-1991, this Court made an order calling for a report from Appellate Court after giving an opportunity to the appellant to examine such of its witnesses as are considered necessary to prove the receipts and the agreement and allow the respondent also a similar opportunity of rebuttal by leading evidence both oral and documentary. A report has been received by this Court pursuant to the said order. The findings recorded by....
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....s. A society formed with the object of providing accommo- dation to its members which is its normal business activity, has to ensure that the premises are in occupation of its members in accordance with the bye-laws framed by it rather than of a person in unauthorised occupation as it is the concern of the members who let it out to another under an agreement to leave and licence and wants to secure possession of the premises for his own use after the termination of thelicence. Therefore, a claim by the society together with such member for ejectment of a person who was permitted to occupy, upon the revocation of licence, is a dispute falling within section 91(1). The same view has been reiterated by this Court in SanwarmalKejrimal v. Vishwa....
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....ssed to the Secretary of the Association agreeing to be bound by the Rules and Regulations and Bye-Laws made under these presents. Such a person shall be exempted from payment of entrance fee but shall have to pay deposit as per rule 5, within the period as may be prescribed and extended by the Executive Committee." 6. All that is provided under the said article is that a member of Electrical Cable Development Association as of right be admitted as a member of the appellant-company subject to certain conditions. It does not say that all those members in the unregistered association become members of the association much less any resolution is produced before us of the Electri- cal Cable Development Association to show that they are conve....