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1978 Supreme(Kar) 37

H. PUTTAPPA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.K.VENKATAKRISHNA, B.VEERABHADRAPPA, C.M.Desai, K.CHANNABASAPPA, K.I.BHATTA, K.MALLEGOWDA, Kadidal Manjappa, M.C.RAYANNA, R.B.SADASHIVAPPA, R.N.BYRA REDDY, S.G.DODDAKALE GOWDA, SRIYUTHS BASAVARAJ, T.S.RAMACHANDRAN

MALIMATH, J.

( 1 ) THE following emerge from the separate judgments pronouncer in these cases : (i) It is unanimously held that Sec. 14a of the Karnataka Co-operative Societies act, 1959 is within the competence of the State Legislature under Entry 32 of List II of VII Schedule to the Constitution (ii) It is unanimously held that Sec. 14a of the Act is not void as offending Art. 14 of the Constitution. (iii) It is held in accordance with the majority opinion (Jagannatha shetty, Bopanna and Venkatachala JJ.) that Sec. 14a is not void as offending Art. 19 (1) (c) of the Constitution. It is held in the minority judgment (Malimath and Srinivasa Iyengar jj.) that Sec. 14a is void as offending Art. 19 (1) (c) of the Constitution. (iv) It is held by Malimath and Srinivasa lyengar JJ. that Sec. 14a is not void as offending Art. 31 (1) or Art. 31 (2) of the Constitution. (v) It is held in accordance with the majority opinion (Jagannatha shetty, Bopanna and Venkatachala JJ.) that the principle of audi alteram partem has to be followed while exercising power under Sec. 14a of the act and that the impugned orders made under the said provision are-void they having been made in contravention of

































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