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september 2005

Supreme Court of India · 2005-09-15

GURCHARAN SINGH vs REGISTRAR, COOP. SOCIETIES, H.P. .

Citation / case number
SC 1999/1693
Court
Supreme Court of India
Petitioner
GURCHARAN SINGH
Respondent
REGISTRAR, COOP. SOCIETIES, H.P. .
Author
C.K. THAKKER ARIJIT PASAYAT
Bench
C.K. THAKKER ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the High Court of Himachal Pradesh erred in dismissing the writ petition on the grounds of jurisdiction, as the question of whether the respondent Cooperative Society qualifies as 'State' under Article 12 of the Constitution requires further examination. The Court referenced the seven-judge bench decision in Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, which clarified the tests for determining 'State' status. The Court restored the writ petition for the High Court to reassess its maintainability and merits, emphasizing the need for a timely resolution within four months.

GURCHARAN SINGH vs REGISTRAR, COOP. SOCIETIES, H.P. . · Niyam