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1993 Supreme(Mad) 771

SRINIVASAN, BAKTHAVATSALAM, ABDUL HADI
Philip Jeyasingh – Appellant
Versus
The Joint Registrar of Co-operative Societies, Chidambaram Region, Tuticorin and others. – Respondent


Advocates:
V.Shanmugham, for Petitioner. V.Raghupathy, Additional Government Pleader, for Respondent Nos.l and 2. C.Chenniswamy, Senior Counsel for M/s.T.N.Vallinayagam and Ponni Ambalavanan, for Respondent No.3.

Judgment :-

Srinivasan, J.

We are somewhat surprised that this matter has been referred to us once again, though it has been considered by a Full Bench to which one of us was a party earlier and by judgment dated 22nd January, 1992, the reference had been answered. The judgment is reported in Philip Jcyasingh v. The Joint Registrar of Co-operative Societies, (1992)1 L.W. 216.

2. The question referred to that Full Bench was “can the judgment of the Full Bench in R. Tamilarasan v. Director of Handlooms and Textiles, (1991)2L.W. 409 be characterised as one per incuriam or obiter dicta as opined by the Division Bench of this Court in A.Natarajan v. Registrar of Co-operative Societies, (1991)2 L.L.J. 296: (1991)2 L.W. 420. The question was answered in para- ‘graph 63 of the judgment which reads thus:

”We have no hesitation in answering the question referred to us in the negative and holding that the judgment of the Full Bench in R.Tamilarasan v. Director of Handlooms and Textiles, (1991)2 L.W. 409: (1991)2 L.L.J. 296 (F.B.), is not per incuriam or obiter dicta and the view taken by the Division Bench in A.Natarajan v. Registrar of Cooperative Societies, (1991)2 L.L.J. 296: (1991)2 L.W. 4














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