✦ Gujarat High Court · 11 Sep 2001

KHEDUT SAHAKARI KHAND UDYOG MANDALI LTD v. STATE OF GUJARAT

Civil Application No. 5454 of 1983DHARMADHIKARI, RAVI R TRIPATHI

Case at a glance

Provisions considered

Judgment

Hon'ble MR.JUSTICE RAVI R.TRIPATHI ============================================================

1. Whether Reporters of Local Papers may be allowed : NO to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO of the judgement?

4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------- KHEDUT SAHAKARI KHAND UDYOG MANDALI LTD Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance:

1.

Special Civil Application No. 5454 of 1983 MR KS NANAVATI for Petitioner No. 1 .......... for Petitioner No. 2 Mr.N.D. Gohil, ASSTT GOVERNMENT PLEADER for Respondent No. 1 .......... for Respondent No. 2

2.

Special Civil Application No. 5455 of 1983 MR KS NANAVATI for Petitioner No. 1 Mr.N.D. Gohil, ASSTT GOVERNMENT PLEADER for Respondent No. 1 -------------------------------------------------------------- CORAM : CHIEF JUSTICE MR DM DHARMADHIKARI MR.JUSTICE RAVI R.TRIPATHI Date of decision: 11/09/2001 ORAL JUDGEMENT (Per : MR.JUSTICE RAVI R.TRIPATHI) (cid:9)These petitions challenge vires of sections 74C and 80 of the Gujarat Cooperative Societies Act as amended by the impugned Amending Act of 1983 on the ground that the provisions are ultra vires to Articles 14, 19(1)(C), 300A and 301 of the Constitution of India.

2.(cid:9)Learned advocate appearing for the petitioners fairly pointed out that subsequent to filing of these Special Civil Applications this Court in the matter of Amreli District Cooperative Sale & Purchase Union & others v. State of Gujarat, reported in 1984 (2) GLR 1244, has upheld the vires of sec.74C and also sec.80(2) of Gujarat Cooperative Societies Act, 1961, which covers the challenge of the petitioners in the present petitions.

3.(cid:9)In view of that the present petitions do not survive. These petitions are accordingly dismissed. Rule is discharged with no order as to costs. (cid:9) (cid:9)(D.M. Dharmadhikari, C.J.) (cid:9) (cid:9)(Ravi R. Tripathi, J.) (cid:9) (cid:9)

Questions this judgment answers

Which statutory provisions did this judgment involve?

Constitution of India — arts. 14, 19(1)(C), 300A, 301; Gujarat Cooperative Societies Act, 1961 — s. 80(2).

Which court decided this case, and when?

Gujarat High Court, on 11 Sep 2001. The bench was DHARMADHIKARI, RAVI R TRIPATHI.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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