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1984 Supreme(P&H) 65

M.M.PUNCHHI, S.S.KANG
Bakhshish Singh – Appellant
Versus
Registrar, Cooperative Societies, Punjab, Chandigarh – Respondent


Judgment

PUNCHHI, J.

1. The detailed referring order has itself focussed the question involved herein, placed before us for resolving. Minimally,- we may notice that the Registrar, Co-operative Societies in State of Punjab, to conduct their business in a particular manner, in the wake of change of price of fertilizer fixed the Government of India under the Fertilizer Control Order 1957, (sic) and those directives being the subject matter challenge, attracted one of the defences that the Registrar was authorized issue such directives in exercise of his power under R.45 of the Punjab Co-operative Societies Rules 1963, which reads as under:-

"Directives by Registrar for the successful conduct of the business:-

The Registrar may, from time to time, such directives as he considers necessary for the successful conduct of the business of a co-operative society or class of co-operative societies."

It was maintained on behalf of the petitioners that R.45 had been struck down in Gobind Ram V/s. State of Punjab, 1972 Cur LJ 425.: (AIR 1972 Punj 471), by B.R. Tuli, J., and thus it could not be adopted as a measure of defence by the respondent-Registrar. It was maintained on the other hand, that















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