Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Category: Education

Education

AIBEA examination HELD the role of the universities to impart legal education, in any way, prohibit the Bar Council of India from conducting pre-enrolment examination, as the Council is directly concerned with the standard of persons who want to obtain a license to practice law as a profession.

Feb 16, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH BAR COUNCIL OF INDIA — Appellant Vs. BONNIE FOI LAW COLLEGE AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Sanjiv Khanna, Abhay…

Education

Medical College Admissions in breach of court order . Disastrous consequences which will be faced by the students if their admissions are disturbed, the sanctity of the judicial process has to be observed also. HELD that the admissions which were granted to 100 students should not be disturbed conditional on the Medical College depositing an amount of Rs 2.5 crores AIIMS.

Feb 16, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH NATIONAL MEDICAL COMMISSION AND ANOTHER — Appellant Vs. ANNASAHEB CHUDAMAN PATIL MEMORIAL MEDICAL COLLEGE AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

Education

Citizenship Act 1955 – Section 7B – Rights of Overseas Citizens of India (OCI) – Entrance tests to medical courses – Impugned notification dated 04.03.2021 to be valid with specific prospective effect in view of the power available to respondent No.1 under Section 7B(1) of Act, 1955, keeping in perspective the wide ramification it may have in future also on the Indian diaspora and since it is claimed to be based on the policy decision of the Sovereign State.

Feb 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANUSHKA RENGUNTHWAR AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : A.S. Bopanna and C.T. Ravikumar, JJ. )…

Education

Education – with respect to wrong answer keys and thereafter when a conscious decision was taken to allocate the marks on pro-rata basis with respect to two questions whose answer keys were found to be wrong and when all the candidates were awarded two marks (one mark each for the two questions), it cannot be said that the Public Service Commission acted illegally and/or arbitrarily

Jan 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION AND ANOTHER — Appellant Vs. MISS HAGE MAMUNG AND OTHERS — Respondent ( Before : M.R. Shah and…

Education

HELD The management cannot be permitted to retain the amount recovered/collected pursuant to the illegal G.O. dated 06.09.2017. The medical colleges are the beneficiaries of the illegal G.O. dated 06.09.2017 which is rightly set aside by the High Court. The respective medical colleges have used/utilized the amount recovered under G.O. dated 06.09.2017 for a number years and kept with them for a number of year . Appeal dismissed with costs.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NARAYANA MEDICAL COLLEGE — Appellant Vs. THE STATE OF ANDHRA PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and Sudhanshu Dhulia, JJ.…

Education

University Grants Commission Regulations, 2018 – – the members of such Search-cum-Selection Committee shall be the persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges – While preparing the panel, the Search Committee shall give proper weightage to the academic excellence etc.

Nov 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PROF. NARENDRA SINGH BHANDARI — Appellant Vs. RAVINDRA JUGRAN AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw