Supreme Court of India Judgements

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Category: Education

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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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw