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1 - 10 of 12 (0.25 seconds)The Transfer Of Property Act, 1882
Thalappalam Service Co-Operative Bank ... vs Kerala State Co-Operative Rubber ... on 31 October, 2013
However, one cannot lose sight of the decision decision of the
Supreme Court in the case of Thalappalam Service Cooperative
5
Bank Ltd. Vs. State of Kerala reported in (2013) 16 SCC 82
wherein it was held that the said Cooperative Bank is not 'State'
within the meaning of Article 12 of the Constitution of India. In the
Thalappalam Service Cooperative Bank decision (supra), the
Supreme Court was considering application of the Right to
Information Act 2004.
State Of U.P. & Ors vs Maharaja Dharmander Prasad Singh Etc on 17 January, 1989
The writ petitioner relies upon the decision of the Supreme
Court in the case of State Of U.P. & Ors Vs Maharaja Dharmander
Prasad Singh reported in (1989) 2 SCC 505, in support of his
argument that even a private lease cannot be terminated and/or
revoked contrary to the due process of law. The said case involved a
statutory lease under Section 15 of the U. P. Town Planning and
Development Act, 1973. Such being the factual basis of the case,
the same can have no relevance in the facts of the instant case.
Pimpri Chinchwad Municipal Corp.& Ors vs M/S Gayatri Construction Company & Anr on 6 August, 2008
I am however inclined to apply the decision of the Supreme
Court in the case of Pimpri Chinchwad Municipal Corporation
and others Vs. Gayatri Construction Company and another
reported in (2008) 8 Supreme Court Cases 172 as also in the case
of Supriyo Basu Vs. W.B.Housing Board reported in (2005) 6 SCC
Pg 289. These have been cited by the 4th Respondent and the State.
In both the case the ratio laid down by the Supreme Court is in
harmony with a large number of its earlier and subsequent
decisions. The ratio in the said decisions was inter alia that even if
a State authority is charged with violation of any right such right
8
must be in the nature of a public right and arising out a public
function.
Supriyo Basu And Ors vs West Bengal Housing Board And Ors on 5 August, 2005
I am however inclined to apply the decision of the Supreme
Court in the case of Pimpri Chinchwad Municipal Corporation
and others Vs. Gayatri Construction Company and another
reported in (2008) 8 Supreme Court Cases 172 as also in the case
of Supriyo Basu Vs. W.B.Housing Board reported in (2005) 6 SCC
Pg 289. These have been cited by the 4th Respondent and the State.
In both the case the ratio laid down by the Supreme Court is in
harmony with a large number of its earlier and subsequent
decisions. The ratio in the said decisions was inter alia that even if
a State authority is charged with violation of any right such right
8
must be in the nature of a public right and arising out a public
function.
Section 103 in The Transfer Of Property Act, 1882 [Entire Act]
The West Bengal Premises Tenancy Act, 1956.
The Right to Information Act, 2005
Federal Bank Ltd vs Sagar Thomas & Ors on 26 September, 2003
In the case of Federal Bank Case (Supra) degree of State
Control was in issue.