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Amreli District Co-Operative Sale And ... vs State Of Gujarat on 17 July, 1984

Co-op. Sale and Purchase Union's case (supra) stands diluted by what has been held by the Supreme Court in Daman Singh's case , particularly in the end of para 9 thereof after considering the decision . In view of this decision of the Constitution Bench of the Supreme Court there is no basis to hold Rule 12(2) of the Rules to be ultra vires of Article 19(1)(c) of die Constitution of India and while upholding the right of the respondent No. 2 to transfer the plot in question subject to the bye-laws of the petitioner-Society we hold that Rule 12(2) of the Rules is intra vires of Article 19(1)(c) of the Constitution of India and thus contentions Nos. 3 and 4 are decided accordingly against the petitioner.
Gujarat High Court Cites 126 - Cited by 62 - Full Document
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