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1 - 8 of 8 (2.21 seconds)The Societies Registration Act, 1860
Article 226 in Constitution of India [Constitution]
Pradeep Kumar Biswas vs Indian Institute Of Chemical Biology & ... on 16 April, 2002
On detailed examination of the administrative, financial and
functional control of the Corporation, we have no manner of doubt that
it is nothing but an 'instrumentality and agency of the State' and the
control of the State is not only 'regulatory' but it is 'deep and
pervasive' in the sense that it is formed with the object of catering to
the needs of the government employees as a supplement to their
salaries and other perks. The top executives of the government
department ex officio are members and office bearers of the
Corporation. The Corporation is fully supported financially and
administratively by the State and its authorities. Even day-to-day
functioning of the Corporation is watched, supervised and controlled by
the various departmental authorities of the State particularly the
Department of Food and Civil Supplies. The multiple test indicated to
be applied both by the majority and minority view in Pradeep Kumar
Biswas (supra) is fully satisfied in the present case for recording a
conclusion by us that the Corporation is covered as an 'agency and
instrumentality of the State' in the definition of 'State' under Article 12
of the Constitution. It is, therefore, amenable to the writ petition of the
High Court under Article 226 of the Constitution.
Sabhajit Tewary vs Union Of India & Ors on 21 February, 1975
The seven judges Constitution Bench in the case of
Pradeep Kumar Biswas (supra) overruled the decision of five judges
Constitution Bench in the case of Sabhajit Tewary vs. Union of
India [1975 (1) SCC 485.
Section 4 in The Societies Registration Act, 1860 [Entire Act]
Section 14 in The Societies Registration Act, 1860 [Entire Act]
Ajay Hasia Etc vs Khalid Mujib Sehravardi & Ors. Etc on 13 November, 1980
The tests laid down in the case of Ajay Hasia (supra) are
relevant for the purpose of determining whether an entity is an
instrumentality or agency of the State. Neither all the tests are
required to be answered in the positive nor a positive answer to
one or two tests would suffice. It will depend upon a
combination of one or more of the relevant factors depending
upon the essentiality and overwhelming nature of such factors
in identifying the real source of governing power, if need be by
removing the mask or piercing the veil disguising the entity
concerned. When an entity has an independent legal existence,
before it is held to be the State, the person alleging it to be so
must satisfy the court of brooding presence of the Government
or deep and pervasive control of the Government so as to hold it
to be an instrumentality or agency of the State.
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