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Report No. 145

2.9. Banking institutions and co-operative societies: Test of Control.-

It is on an application of the test of "control", that nationalised banks have been held to fall within "State" by the Supreme Court.1 lit contrast, co-operative banks and other co-operative societies have been held by most High Courts not to fall within "State".2-3-4-5

1. Hyderabad Commercials v. Indian Bank, (1991) 2 SCALE 825.

2. Chakradhar v. Sama Singha Service Co-operative Society, AIR 1982 Ori 38.

3. Pritam Singh v. State of Punjab, AIR 1982 P&H 228.

4. Satish Kumar v. Punjab State Co-operative Bank, AIR 1981 P&H 382.

5. Konaseema Co-operative Central Bank Ltd. v. N. Seetharama Raju, AIR 1990 AP 171.



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