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P. Kannan And Anr. vs The Director Of Sugars And Ors. on 29 March, 1989

I.C. 1807 and also the Full Bench decision of Orissa High Court in Banahihari Tripathy v. Registrar of Co-operative Societies , we are also of the view that the tests laid by the Supreme Court in various cases on which heavy reliance was placed by the counsel, who invited the Court to answer the issue in the affirmative are not satisfied by the Co-operative Societies in question to come under Article 12 of the Constitution as an authority or agency or instrumentality of Government. It is not necessary to set out the various tests laid down by the Supreme Court once over to find out whether the Co-operative Society will satisfy any or some of the tests so laid down by the Supreme Court in view of the fact that we are in agreement with the views expressed by the Division Bench Judgment of the Patna High court and the two Full Bench judgments of Kerala and Orissa High Courts. 26. Accordingly, we answer the question referred to us in the negative.
Madras High Court Cites 33 - Cited by 0 - Full Document

Kiran Ranganath Kale vs The State Of Maharashtra And Others on 4 July, 2019

The reliance was also placed by Mr. Upadhey in Banabihari Tripathy v. Registrar of Cooperative Societies reported in A.I.R. 1989 Ori. 31 (FB), wherein it was held that, the society registered under the Cooperative Societies Act does not acquire status of authority to render it amenable to writ jurisdiction. The supervisory powers given to Registrar are with a view to securing better working for societies and to give them well trained officers.
Bombay High Court Cites 36 - Cited by 0 - A M Dhavale - Full Document

Laxmidhar Roul vs Board Of Management, R.C.M.S. And Ors. on 4 December, 1998

In view of the above authoritative pronouncements of the Supreme Court, we would not have referred to the decisions of this Court reported in 67 (1989) CLT 5 (FB) : Banabihari Tripathy v. Registrar of Co- operative Societies, Orissa and another; 73 (1992) CLT 588: Satrughana Rout v. Managing Director, Tribal Development Co-operative Corporation of Orissa and others; and 77 (1994) CLT 799 : Dr. Bishnu Charan Swain v. Chairman, OMFED, as cited by Shri Nanda, learned counsel for opposite party No. 1, but since according to him, the facts of those cases are similar and the view taken therein applies in full force to the present case, we consider it appropriate to refer to the same.
Orissa High Court Cites 16 - Cited by 0 - Full Document

Satrughana Rout vs Managing Director, Tribal Development ... on 4 March, 1992

5. The above shows that the question whether an entity can be regarded as an instrumentality of the State would depend upon various factors, which would be individual to each case. This apart, there is no single factor which can be held to be conclusive in this regard. An overall view is to be taken keeping in mind the interplay of the aforesaid tests, without allowing any particular factor to determine the question. It is because of this that it was rightly observed, if we may say so with respect, by a Full Bench of this Court in Banabehari Tripathy v. Registrar of Co-operative Societies, 67 (1989) CLT 5 (to which we shall refer in detail afterwards) that the essential tests cannot be put in a "strait jacket formula".
Orissa High Court Cites 14 - Cited by 3 - B L Hansaria - Full Document

Bilkesh Parveen vs The Board Of Trustees, Kala Vikash ... on 9 July, 2004

He also relied on a decision of a Full Bench of this Court in Banabihari Tripathy v. Registrar of Co-operative Societies and another, AIR 1989 Orissa 31 in which it has been held that in the absence of any deep and pervasive State control over a Co-operative Bank registered under the Co-operative Societies Act, such a Co- operative Bank is not authority within the meaning of Article 12 of the Constitution and is not amenable to the Writ Jurisdiction of the High Court.
Orissa High Court Cites 15 - Cited by 0 - A K Patnaik - Full Document

Ganesh Morto Naik vs Goa State Co-Operative Bank Ltd. And ... on 19 June, 1991

In particular, he has referred us to the Full Bench decision of the Andhra Pradesh High Court in Sri Konassema Co-operative Central Bank Ltd. v. N. Seetharama, A.I.R. 1990 A.P. 171 : 1990 Bank.J. 687 (A.P.); Full Bench Decision of the Orissa High Court in Banabihari Tripathy v. Registrar of Co-operative Societies & anr., ; Management of Ramoshidre Machr v. P.O., Labour Court & anr., 1985 L.I.C. 1806 ; Ajmersingh v. Registrar Co-operative Societies, ; Satishkumar v. Punjab State Co-operative Bank Ltd., ; D.C. Kapoor v. A.K. Aggrawal & ors., 1989 L.I.C. 940 ; Muktaruddin Ahmad Khan & ors. v. Midnapore Co-op. Land Development Bank Ltd. & ors., 1988 C.T.J. 443 and Ramu Ram Sahu & ors. v. National Co-op. consumers' Federation & ors., 1990 C.T.J. 207.
Bombay High Court Cites 58 - Cited by 1 - Full Document
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