Supreme Court · 2013 INSC 347 · Decided 16 May 2013

State of M.P. and Others v. Sanjay Nagayach and Others

Court
Supreme Court of India
Citation
2013 INSC 347 · [2013] 3 S.C.R. 738
Case number
CIVIL APPEAL No. 4691/2013
Decided
16 May 2013
Bench
K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 226

Headnote

Madhya Pradesh Co-operative Societies Act, 1960: s.31(1), second and third provisos and s.31(2) read with C s.49(7 A)(i), proviso - Supersession of Board of Directors of District Co-operative Bank - Without prior consultation with RBI ..:.. Held: When an authority invested with the power purports but in substance the power is exercised by external guidance or pressure, it would amount D to non-exercise of power, statutorily vested - In the instant case, there is sufficient evidence to conclude that Joint Registrar was acting under extraneous influence and under dictation - Order of

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