Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Education

Education

Private unaided schools in Rajasthan shall collect annual school fees from their students as fixed under the Act of 2016 for the academic year 2019-20, but by providing deduction of 15 per cent on that amount in lieu of unutilised facilities by the students during the relevant period of academic year 2020-21

May 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIAN SCHOOL, JODHPUR AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ.…

Education

Affiliation for B. Pharma Course – Respondent-university is therefore directed to grant affiliation to the petitioner colleges for the academic year 2020-21 and also permit the students of the petitioner colleges to participate in the special examinations to be organized by the respondent -University for the academic year 2020-21

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH VIIT PHARMACY COLLEGE AND ANOTHER — Appellant Vs. DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER — Respondent ( Before : R.F. Nariman, B.R.…

Education

Private Medical Educational Institutions) Act, 2017 – Ss 8 and 11 – Fixation of fee – it is no more res integra that the right conferred on the institutions to fix fee for professional courses is subject to regulation – It need not be reiterated that unaided professional institutions have the autonomy to decide on the fee to be charged, subject to the fee not resulting in profiteering or collection of capitation fee

Feb 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NAJIYA NEERMUNDA AND ANOTHER ETC — Appellant Vs. KUNHITHARUVAI MEMORIAL CHARITABLE TRUST AND OTHERS ETC — Respondent ( Before : L. Nageswara Rao and…

Education

Admission to MBBS course in all medical educational institutions on the basis of merit list of NEET – All admissions to medical colleges shall be made only as per the centralized counselling done by the State Governments – All admissions to medical colleges shall be made only as per the centralized counselling done by the State Governments

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SARASWATI EDUCATIONAL CHARITABLE TRUST AND ANOTHER — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and S.…

Education

Medical – Establishment of Medical College – Essentiality Certificate – State Government has power to withdraw the Essentiality Certificate where it is obtained by playing fraud on it or where the very substratum on which the EC was granted vanishes or any other reason of like nature.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST ETC — Appellant Vs. STATE OF KERALA AND OTHERS ETC — Respondent ( Before : A.M. Khanwilkar, B.R.…

Education

Education Law – Affiliation for conducting MBBS and post graduate courses- In case of non-compliance, the order passed by the ASC for withdrawal of the affiliation would continue – Not find anything wrong in the letter whereby KUHS has rejected KMC’s application for continuation of affiliation for the academic year 2020-21 as it is a necessary sequitur and consequence of the two orders passed by this Court.

Feb 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LALITHA R NATH AND OTHERS — Appellant Vs. KANNUR MEDICAL COLLEGE AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna,…

Education

Admission to MBBS Course – Equivalence certificate – substance of the eligibility requirement is the candidate should have qualified an intermediate level examination or first year of a graduate course, and studied the subjects of Physics, Chemistry and Biology at this level, along with practical testing and English – This subject matter requirement is at the heart of eligibility to be admitted into the medical course.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES — Appellant Vs. SRIKEERTI REDDI PINGLE AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Education

Permission for establishment of new Medical College – Gross deficiencies found -No action has been taken to improve the situation – State Government is directed to rectify all the deficiencies that have been pointed out by the MCI at the earliest and make an application for renewal of permission for admission of the second batch of MBBS students for the academic year 2021-2022.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DUMKA MEDICAL COLLEGE, DUMKA AND ANOTHER — Appellant Vs. BOARD OF GOVERNORS IN SUPERSESSION OF MEDICAL COUNCIL OF INDIA AND ANOTHER — Respondent (…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw