https://www.taxtmi.com/caselaws?id=189280 Section 71 of the Gujarat Co-operative Societies Act, 1961, which restricts investment of co-operative society and co-operative bank funds, was found not to be repugnant to Sections 5(b) and 6(1)(a) of the Banking Regulation Act, 1949. The central Act operates in addition to, and not in derogation of, other laws, and Presidential assent under Article 254(2) supported coexistence of the two enactments. Applying the test of direct and irreconcilable conflict, the provisions were held capable of operating together, so the challenge to Section 71 failed. A writ of mandamus may issue to compel authorities to act on a statutory breach where a public duty is shown and the competent authority does not act, so the High Court's direction was sustained. en-us Wed, 28 Jan 2004 00:00:00 +0530 Wed, 04 Jan 2017 15:22:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189280 Section 71 of the Gujarat Co-operative Societies Act, 1961, which restricts investment of co-operative society and co-operative bank funds, was found not to be repugnant to Sections 5(b) and 6(1)(a) of the Banking Regulation Act, 1949. The central Act operates in addition to, and not in derogation of, other laws, and Presidential assent under Article 254(2) supported coexistence of the two enactments. Applying the test of direct and irreconcilable conflict, the provisions were held capable of operating together, so the challenge to Section 71 failed. A writ of mandamus may issue to compel authorities to act on a statutory breach where a public duty is shown and the competent authority does not act, so the High Court's direction was sustained. Case-Laws Indian Laws Wed, 28 Jan 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189280