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1 - 10 of 29 (0.27 seconds)Article 226 in Constitution of India [Constitution]
Ajay Hasia Etc vs Khalid Mujib Sehravardi & Ors. Etc on 13 November, 1980
13. Thus, the proposition that emerges is that for an
establishment to be a 'State' as defined under Article 12 of the
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Constitution of India, it must pass the tests as enumerated by Apex
Court in Ajay Hasia's case (supra) and reiterated by the Constitution
Bench in the case of Pradeep Kumar Biswas (supra). In case the
establishment against whom writ has been filed falls within the ambit
of Article 12 and can be termed as 'State', there would be no doubt
about the same being amenable to writ jurisdiction. However, writ
petition will not be held to be maintainable against a body discharging
public function merely because it does not fall within the definition of
'State'. The test is : whether cause of action pleaded by the petitioner
involves breach of statutory provision? In the case of Cooperative
Society also though it is not 'State' but a breach of statutory Rules
would render it amenable to writ jurisdiction.
Article 16 in Constitution of India [Constitution]
The Co-Operative Societies Act, 1912
Dev Dutt vs Union Of India & Ors on 12 May, 2008
vs. Union of India and others (supra) as approved
by Three-Judges Bench in the case of Sukhdev Singh vs. Union of
India and others (supra), the claim of the petitioner merits
acceptance.
S.S. Rana vs Registrar, Co-Operative Societies & ... on 25 April, 2006
15. In the present writ petition, the petitioner prays for writ of
mandamus and not for writ of certiorari. Trite it is that in order to
invoke the mandamus jurisdiction, the petitioner is under obligation to
show public or statutory duty laid on the respondent and to
demonstrate an equally clear legal right to enforce the same. On the
aforesaid principle, ratio of law laid down by Full Bench of this Court
in Pritam Singh's case (supra) is fully in-line with exceptions carved
out in S.S. Rana's case (supra). Now the question arises is: whether
the Punjab State Cooperative Agricultural Development Bank Service
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Common Cadre Rules, 1978 are mandatory?.
U.P. State Co-Operative Land ... vs Chandra Bhan Dubey And Ors on 18 December, 1998
16. Our attention has also been drawn to U.P. State Cooperative
Land development Bank Ltd. v. Chandra Bhan Dubey & Ors.,
1999(1) S.C.T. 593 : (1999) 1 SCC 741, wherein the writ petition
was held to be maintainable principally on the ground that it had
been created under an Act.
Sabhajit Tewary vs Union Of India & Ors on 21 February, 1975
It was on the aforementioned premises this
Court opined that Sabhajit Tewary (supra) did not lay down the
correct law.
Sukhdev Singh vs Union Of India & Ors on 23 April, 2013
vs. Union of India and others (supra) as approved
by Three-Judges Bench in the case of Sukhdev Singh vs. Union of
India and others (supra), the claim of the petitioner merits
acceptance.