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

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

Sub-sections 8, 9, 10, and 11 of Section 13 of the Punjab Co-operative Societies Act, 1961 do not violate Article 19(1)(c) or principles of natural justice. Protection is available under Article 31-A(1)(c) since co-operative societies are corporations. Notice to societies, not individual members, satisfies natural justice. Grounds not argued need not be considered by court.

Parties
Appellant: Daman Singh & Ors.; Respondent: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
04 April 1985
Procedural Posture
Civil Appeal / Supreme Court, Final Judgment
Outcome
dismissed
Legal Topics
Compulsory Amalgamation, Co Operative Societies, Constitutional Validity, Interpretation of 'corporations', Natural Justice, Statutory Bodies
Constitutional Law Administrative Law Compulsory Amalgamation Co Operative Societies Constitutional Validity Interpretation of 'corporations' Natural Justice Statutory Bodies

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Parties

Daman Singh & Ors.

Appellant

State of Punjab & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court, Final Judgment

Legal Issues

  1. 1 Whether sub-sections 8, 9, 10, and 11 of Section 13 of the Punjab Co-operative Societies Act, 1961 providing for compulsory amalgamation of co-operative societies violate Article 19(1)(c) of the Constitution and principles of natural justice.
  2. 2 Whether co-operative societies are included in the term 'corporations' under Article 31-A(1)(c) of the Constitution.
  3. 3 Whether notice to individual members is required under principles of natural justice during compulsory amalgamation.

Ratio Decidendi

Sub-sections 8, 9, 10, and 11 of Section 13 of the Punjab Co-operative Societies Act, 1961 do not violate Article 19(1)(c) or principles of natural justice. Protection is available under Article 31-A(1)(c) since co-operative societies are corporations. Notice to societies, not individual members, satisfies natural justice. Grounds not argued need not be considered by court.

Court Disposition

dismissed

Orders

  • Appeals and petitions dismissed with quantified costs: Rs. 2,500 in each appeal.