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1 - 8 of 8 (0.19 seconds)Article 12 in Constitution of India [Constitution]
K.Marappan vs The Deputy Registrar Of Co-Operative ... on 29 September, 2006
8. In view of the submissions made by the learned counsels appearing for the parties concerned and on a perusal of the records available, and in view of the decision cited supra, there is no doubt that the present writ petition is not maintainable. The petitioner has not been in a position to show that it is falling within the exceptions pointed out in the said decision. Even otherwise, it is seen that the petitioner has challenged the auction sale conducted in respect of the property, said to be belonging to the petitioner, after a considerable length of time. In such circumstances, the writ petition is liable to be dismissed. Hence, it is dismissed. No costs. Consequently, connected M.P.No.1 of 2010 is closed.
The Societies Registration Act, 1860
Gayatri De vs Mousumi Cooperative Housing Society ... on 16 April, 2004
5. When the question of maintainability of the writ petition had been raised by this Court, the learned counsel appearing on behalf of the petitioner had relied on the decision of the Supreme Court, in GAYATRI DE Vs. MOUSUMI COOP.HOUSING SOCIETY LTD., (2004) 5 SCC 90) wherein it has been held that when a cooperative societies under the control of a Special Officer, a writ petition, under article 226 of the constitution of India, would be maintainable.
The Tamil Nadu Co-Operative Societies Act, 1983
Ajay Hasia Etc vs Khalid Mujib Sehravardi & Ors. Etc on 13 November, 1980
(ii) Applying the tests in Ajay Hasia V. Khalid Mujib Sehrewardi (supra) it is held that a Co-operative Society carrying on Banking business cannot be termed as 'an instrumentality of the State' within the meaning of Article 12 of the Constitution.
Pradeep Kumar Biswas vs Indian Institute Of Chemical Biology & ... on 16 April, 2002
(viii) The decision in M.Thanikkachalam V.Madhuranthagam Agricultural Co-operative Society (supra), is no longer good law, in view of the decision of the seven-Judge Bench of the Supreme Court in Pradeep Kumar Biswas Vs. Indian Institute of Chemical Technology (supra) and the other decisions referred to here before.
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