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1 - 10 of 35 (0.33 seconds)Ajay Hasia Etc vs Khalid Mujib Sehravardi & Ors. Etc on 13 November, 1980
30. On the same day that the decision in Ajay Hasia
[Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC
722 : 1981 SCC (L&S) 258] was pronounced came the
decision of Som Prakash Rekhi v. Union of India
[(1981) 1 SCC 449 : 1981 SCC (L&S) 200 : AIR 1981
SC 212] . Here too, the reasoning in Ramana [(1979) 3
SCC 489 : AIR 1979 SC 1628] was followed and
Bharat Petroleum Corporation was held to be a
"State" within the "enlarged meaning of Article 12".
SabhajitTewary [(1975) 1 SCC 485 : 1975 SCC (L&S)
99 : (1975) 3 SCR 616 : AIR 1975 SC 1329] was
criticised and distinguished as being limited to the
facts of the case. It was said : (SCC p. 473, para 43)
"The rulings relied on are, unfortunately, in the
province of Article 311 and it is clear that a body
may be „State‟ under Part III but not under Part
XIV. Ray, C.J., rejected the argument that merely
because the Prime Minister was the President or
that the other members were appointed and
removed by Government did not make the Society
a „State‟.
The General Clauses Act, 1897
The Right to Information Act, 2005
Section 25 in The Companies Act, 1956 [Entire Act]
Article 14 in Constitution of India [Constitution]
The Societies Registration Act, 1860
Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
With great respect, we agree that in the
absence of the other features elaborated in
Airport Authority case [(1979) 3 SCC 489 : AIR
1979 SC 1628] the composition of the governing
body alone may not be decisive. The laconic
discussion and the limited ratio in Tewary [(1975)
1 SCC 485 : 1975 SCC (L&S) 99 : (1975) 3 SCR
616 : AIR 1975 SC 1329] hardly help either side
here.""
The Companies Act, 1956
Som Prakash Rekhi vs Union Of India & Anr on 13 November, 1980
30. On the same day that the decision in Ajay Hasia
[Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC
722 : 1981 SCC (L&S) 258] was pronounced came the
decision of Som Prakash Rekhi v. Union of India
[(1981) 1 SCC 449 : 1981 SCC (L&S) 200 : AIR 1981
SC 212] . Here too, the reasoning in Ramana [(1979) 3
SCC 489 : AIR 1979 SC 1628] was followed and
Bharat Petroleum Corporation was held to be a
"State" within the "enlarged meaning of Article 12".
SabhajitTewary [(1975) 1 SCC 485 : 1975 SCC (L&S)
99 : (1975) 3 SCR 616 : AIR 1975 SC 1329] was
criticised and distinguished as being limited to the
facts of the case. It was said : (SCC p. 473, para 43)
"The rulings relied on are, unfortunately, in the
province of Article 311 and it is clear that a body
may be „State‟ under Part III but not under Part
XIV. Ray, C.J., rejected the argument that merely
because the Prime Minister was the President or
that the other members were appointed and
removed by Government did not make the Society
a „State‟.