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april 1985

Supreme Court of India · 1985-04-04

DAMAN SINGH & ORS. vs STATE OF PUNJAB & ORS.

Citation / case number
SC 1985/67008
Court
Supreme Court of India
Petitioner
DAMAN SINGH & ORS.
Respondent
STATE OF PUNJAB & ORS.
Bench
CHANDRACHUD, Y.V. ((CJ),DESAI, D.A.,REDDY, O. CHINNAPPA ,VENKATARAMIAH, E.S. ,MISRA RANGNATH

Judgment text excerpt

The Supreme Court upheld the constitutionality of subsections 8 to 11 of Section 13 of the Punjab Co-operative Societies Act, 1961, which provide for the compulsory amalgamation of co-operative societies. The Court ruled that such legislation does not violate Article 19(1)(c) of the Constitution, as the right to form or join a society is not infringed upon when a society is amalgamated with another. The Court emphasized that co-operative societies are created and governed by statute, thus allowing for statutory interference in their composition. The judgment distinguished the case from Damyanti Naranga v. Union of India, [1971] 3 S.C.R. 840, and affirmed that co-operative societies fall within the definition of 'Corporations' under Article 31-A(1)(c).

DAMAN SINGH & ORS. vs STATE OF PUNJAB & ORS. · Niyam