framework in which the Cooperative Bank and its controlling
authorities have to function under the Act read with the provisions of the
Reserve Bank ... Joint Registrar and External Influence:
29. Statutory functionaries like Registrar/Joint Registrar of Co-
operative Societies functioning under the respective Co-operative Act must
which the Board and the State
Government have to function. Admittedly both are
statutory functionaries under the Central Act. They
have to perform their obligations ... words of Section 78-A are,
"in the discharge of its functions, the Board shall be
guided by such directions". So, the direction
Dr.Subramanian Swamy vs Director, Cbi & Anr on 6 May, 2014
Equivalent citations: AIR
fiction accordingly.
(J) The contention that the investiture of adjudicatory functions in the Speakers/Chairmen would by itself vitiate the provision on the ground ... decisions in the functioning of Parliamentary democracy. Vestiture of power to adjudicate questions under the Tenth Schedule in such a Constitutional functionaries should
inter
pares: the first among equals. In the discharge of his other functions, the Chief
Justice of India occupies a position which is sui generis ... vested in a high constitutional functionary. The
authority is entrusted to the Chief Justice because such an entrustment of
functions is necessary for the efficient
Manoj Narula vs Union Of India on 27 August, 2014
Bench: Dipak Misra , Madan B
arrived at the following conclusion:-
“As mentioned above, an Upa-Lokayukta does function as an adjudicating
authority but the Act places him short ... than an investigator or an inquisitorial authority largely
exercising administrative or executive functions and powers. Under the
circumstances, taking an overall view of the provisions
section 65 of Bihar Reorganization Act can be said to
have been functioning as JHALCO.
Therefore, I do find that the petitioners are entitled ... with the aforesaid judgment and order the State
of Jharkhand and its functionaries preferred LPA no. 77 of 2009 and
JHALCO preferred
accord with the
Constitution. The constitutional provisions postulate the
conditions for the functioning of the legislature and the executive
and prescribe that the Supreme Court ... required to conform to
the fundamental law, that is, the Constitution. The functionaries
of the three wings, namely, the legislature, the executive and the
judiciary
Indian Young Lawyers Association vs The State Of Kerala on 28 September, 2018
Equivalent citations