Education -- New B.Ed colleges - Decision of Government not to recommend further recognition to new B.Ed colleges on need basis cannot be said to be arbitrary - Order of High Court holding that decision of State government is arbitrary set aside...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - State Commission awarded compensation on finding of negligence as well as deficiency in service provided by respondent Nos.1 to 3 - National Commission categorically held that there was deficiency in rendering service - National Commission ought not to have reduced the compensation - Impugned judgment..........
Medical education -- Private medical colleges - Fixation of fee - State unilaterally enhanced the tuition fee exorbitantly to Rs.24 lakhs p.a which was seven times fee fixed earlier that too when revision of fees was pending consideration with Admission and Fee Regulatory Committee - Enhancing of tuition fee on the representations made by private medical colleges was..........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory/regular bail - Directions issued to Registry for strict compliance viz.: (i) petition for anticipatory bail or regular bail should be appended with legible copies of complaint and FIR registered against accused - If accused fails to enclose copies of complaint and FIR, Registry should return the petition and..........
Evidence Act, 1872, Section 32 -- Dying declaration - It cannot be laid down as a general rule that dying declaration without certification of state of consciousness should be rejected...........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 32 -- Rape and murder - Death by burning - Dying declaration made by deceased naming accused as person who raped her and set her on fire when she insisted that he should marry her - Dying declaration of deceased thus, unequivocally and unambiguously points to guilt of accused - Merely because it was not..........
Will -- Proof of - Plaintiff contended that his grandmother after cancelling earlier Will in favour of defendants executed Will in his favour - However, attesting witness of Will in favour of plaintiff stated that testatrix was not in her sound state of mind at the time of execution of Will - Serious doubt arises as to why testatrix just before her death has chosen to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Plaintiff by way of additional evidence sought to summon thumb impression register from office of Sub-Registrar - However, plaintiff failed to prove the sound disposing state of mind of testatrix at the time of execution of Will and suspicious circumstances surrounding..........
Medical education -- Cancellation of admission - Petitioners were granted admissions illegally and their admissions are backdoor without any intimation to Directorate/State Government - State Government annulled/cancelled their admissions - High Court ought not have passed an interim order directing to grant admissions or continue with admission/course - Prayer on behalf..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - National Commission ought not to have gone beyond the grounds of repudiation and into the nature of policy coverage - Order of National Commission as well as State Commission set aside - Matter remanded to State Commission for taking decision afresh on the claim of appellants on the grounds which..........