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SUPREME COURT OF INDIA
BELGAUM GARDENERS COOPERATIVE PRODUCTION SUPPLY AND SALE SOCIETY LIMITED
Versus
STATE OF KARNATAKA
Decided on April 24, 1992
Commercial Business - Interpretation of Karnataka Cooperative Societies Act, 1959 - The court dismissed the special leave petition, stating that the petitioner, a society registered under the Karnataka Cooperative Societies Act, 1959, was not justified in claiming it was not engaged in commercial business.
Fact of the Case:
The petitioner, a society registered under the Karnataka Cooperative Societies Act, 1959, claimed it was not engaged in commercial business. The High court concluded otherwise.
Finding of the Court:
The court dismissed the special leave petition, stating that the petitioner was not justified in claiming it was not engaged in commercial business.
Issues: Interpretation of the Karnataka Cooperative Societies Act, 1959 and the nature of the petitioner's business.
Ratio Decidendi: The court found that the petitioner's claim of not being engaged in commercial business was not justified, as per the interpretation of the Karnataka Cooperative Societies Act, 1959.
Final Decision: The special leave petition was dismissed.
( 1 ) WE have heard learned counsel for the parties. In view of our order in Special Leave Petition (Civil) No. 3946 of 1991 dated April 24, 1992 there is no merit in the special leave petition and the same is dismissed. Learned counsel appearing for the petitioner states that the petitioner is a society registered under the Karnataka Cooperative Societies Act, 1959 and as such the High court was not justified in reaching the conclusion that the petitioner was doing commercial business. This point was not raised before the High court. The division bench dismissed the writ appeal following its judgment in Writ Appeal No. 1501 of 1988 [civil Appeal no. 1853 of 1992, arising out of Special Leave Petition (Civil) No. 3946 of 1991]. We are not inclined to go into this question as there is no factual basis before us. The special leave petition is dismissed.
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