Dharmarathna Wasam Palliyage Sampath Manjula Nanayakkara v. Commissioner of Co-operative Development & Registrar of Co-operative Societies – CA PHC 24/09-2016

In the case between Dharmarathna Wasam Palliyage Sampath Manjula Nanayakkara (Appellant) and Commissioner of Co-operative Development & Registrar of Co-operative Societies (Central Province) and Others (Respondents), the court addressed the legality of the requirement under Rule 49(XII)(a) of the Co-operatives Law for an appellant to pay an appeal deposit. It was held that the mandatory requirement for payment of the appeal deposit was neither ultra vires nor contrary to the enabling statute. The principle reaffirmed is that statutory rules, duly issued within proper authority, are valid and enforceable unless successfully challenged as exceeding statutory grant of power. This decision relied on the Co-operatives Law provisions and relevant judicial authorities, emphasizing that procedural

REF: CA PHC 24/09-2016 Category: Tag:
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