https://www.taxtmi.com/caselaws?id=298876 A private club constituted as a company limited by guarantee and run under its own charter was found not to be 'State' or 'other authority' under Article 12 because it lacked financial, administrative, and pervasive government control. Government nominees on the managing body and a lease of government land were held insufficient to convert the club into an instrumentality of the State, and its recreational facilities for members were not treated as a public duty. A writ of mandamus also could not be used to compel prosecution of office-bearers, since initiation of prosecution rests with the competent statutory authorities and lies outside private litigants' control. en-us Mon, 19 Apr 2021 00:00:00 +0530 Thu, 25 Nov 2021 07:56:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298876 A private club constituted as a company limited by guarantee and run under its own charter was found not to be 'State' or 'other authority' under Article 12 because it lacked financial, administrative, and pervasive government control. Government nominees on the managing body and a lease of government land were held insufficient to convert the club into an instrumentality of the State, and its recreational facilities for members were not treated as a public duty. A writ of mandamus also could not be used to compel prosecution of office-bearers, since initiation of prosecution rests with the competent statutory authorities and lies outside private litigants' control. Case-Laws Indian Laws Mon, 19 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298876