Facts:The appellant's wife underwent a hysterectomy at Ashutosh Nursing Home, following consultation with Dr. Biswanath Das. The surgery was performed despite the patient's high blood pressure and low hemoglobin levels. The appellant alleged medical negligence, particularly concerning the decision to operate without controlling these conditions and the choice of a nursing home without ICU facilities.

Issues:

Whether the decision to perform surgery amounted to medical negligence.

Whether the choice of a nursing home without ICU facilities constituted negligence.

Held:

The Court held that while the decision to perform surgery may not itself be considered medical negligence, the choice of a nursing home lacking ICU facilities was negligent. This decision was based on the foreseeability of post-operative risks to the patient's life due to the absence of an ICU. Compensation of Rs. 5 lakhs was awarded to the appellant's heirs.

The Court emphasized the need for speedy resolution of consumer disputes, suggesting measures such as monitoring mechanisms for timely adjudication and encouraging alternative dispute resolution methods like mediation.

Facts:

Dr. Jagat Narain Subharti Charitable Trust applied for establishing a medical college, which was initially denied due to deficiencies in land ownership and other criteria.

Despite earlier approvals, subsequent inspections highlighted deficiencies, leading to the college being debarred from admitting students for two academic sessions.

Issues:

Whether the decision to debar the college was justified, considering the explanations provided by the college and recent developments in land ownership.

Held:

Highlights that the deficiencies cited by the Hearing Committee and the competent authority of the Central Government were already addressed by the college and were within permissible norms. The lack of rejection of the college's explanations suggests the decision lacked proper consideration.

Emphasizes the issue of land ownership, indicating that recent judgments favored the college's ownership of the required land. The competent authority failed to analyze this crucial aspect, displaying non-application of mind.

Dismisses concerns regarding the submission of Form-5, as the application was made before the requirement's effective date and the information provided was substantial.

Concludes by setting aside the decision to debar the college and directing authorities to permit admission of students for the academic session 2017-18. The judgment stresses the importance of complying institutions for imparting medical education, citing a recent case as precedent.

Facts:

The petitioner, Kanachur Islamic Education Trust, had its college admission allowed for the academic year 2016-2017 with the condition that admission for the next academic year would require permission from the respondent. Subsequent inspections by the Medical Council of India (MCI) recorded deficiencies, leading to negative recommendations for two academic years. However, the Oversight Committee recommended confirming the conditional Letter of Permission (LOP) granted to the petitioner's college. Despite this, the respondent concurred with the MCI's decision to debar the college from admissions for the academic years 2017-2018 and 2018-2019.

Issues:

The procedural fairness of the decision-making process, the adequacy of the inspections, and the justification for debarment from admissions.

Held:

The importance of fair hearing and the audi alteram partem principle, which requires giving the affected party a reasonable opportunity to be heard.

This principle is fundamental to fair procedure and applies to administrative actions with civil consequences, as emphasized in paragraph 20.

The court found that the respondents failed to conduct a dispassionate and rational analysis of the materials on record, resulting in casual findings against the petitioner's college. Consequently, the decision to debar the college lacked justification and violated the principles of natural justice.

Decision:The court allowed the writ petition, confirming the conditional LOP granted to the petitioner's college for the academic year 2016-17 and granting LOP for the academic year 2017-18. Additionally, the court directed the Central Government and the MCI to conduct inspections if necessary to ensure compliance with medical education standards. The date of counseling for admissions for the academic year 2017-18 concerning the petitioner's college was extended accordingly.

Facts:

The complainant, N. Harihara Krishnan, sought to implicate a company during the trial under Section 138 of the Negotiable Instruments Act, 1881, on the grounds that the company was the drawer of the dishonored cheque, and the accused, J. Thomas, was merely a signatory .

Issues:

Whether the application under Section 319 Cr.P.C. to summon the company during the trial was valid.

The nature of the offense under Section 138 of the Negotiable Instruments Act, 1881.

Liability of the appellant (Director of the Company) and compliance with procedural requirements.

Justification for condoning any delay in initiating prosecution against the company.

Held:

The application under Section 319 Cr.P.C. was deemed an attempt to initiate prosecution against the company beyond the statutory period of limitation, as stipulated in the Negotiable Instruments Act, 1881 .

The offense under Section 138 of the Negotiable Instruments Act, 1881, is person-specific, and the complaint must contain all necessary factual allegations, including disclosing the name of the person drawing the cheque.

The liability of the appellant (Director of the Company) is statutory, and the company can raise defenses such as the initiation of prosecution being barred by limitation .

Strict compliance with procedural requirements under Section 138 is essential, and failure to comply with any step would not provide a cause of action for prosecution .

No justification was found to condone the delay in initiating prosecution against the company, as the complainant had already issued a notice to the company as per the provisions of Section 138 .

Decision: The appeal was allowed, and the High Court's decision was overturned .

Facts:

Respondent No. 1 filed an eviction petition against the appellant, alleging subletting of the premises to Respondent No. 2.

The tenant denied subletting, claiming Respondent No. 2 was an employee.

Issues:

Whether the premises were sublet by the tenant to Respondent No. 2.

Held:

The Court held that the burden of proof initially lies with the landlord to establish subletting, which, if prima facie shown, shifts to the tenant to disprove.

Evidence presented by the landlord, including business cards and statements of Respondent No. 2, indicated independent business operations from the premises.

Despite the tenant's claims, evidence suggested otherwise, with Respondent No. 2 engaging in independent business activities.

Subletting occurs when a tenant surrenders possession to another person, even without the landlord's direct involvement or awareness.

Given the evidence and the tenant's failure to rebut the claim, the High Court's decision to allow the eviction petition was upheld.

The appeal was dismissed as there was no merit in challenging the High Court's decision.

Referenced cases:

Kala Vs. Madho Parshad Vaidya, (1998) 6 SCC 573

Associated Hotels of India Ltd., Delhi Vs. S.B. Sardar Ranjit Singh, AIR 1968 SC 933

Vaishakhi Ram Vs. Sanjeev Kumar Bhatiani, (2008) 14 SCC 356

Facts:

The appellant, aged about 95 years, entered into a development agreement in 2006 with two companies for his property in Mumbai.

The agreement stipulated the development of the property within a specified timeframe, failing which the appellant could terminate the agreement.

Disputes arose regarding non-completion of construction within the agreed timeframe, leading to termination of the agreement by the appellant.

The respondent, claiming rights under an assignment, initiated legal proceedings seeking injunctive relief and specific performance.

Issues:

Whether the appellant was entitled to terminate the agreement due to the respondent's failure to complete construction within the stipulated timeframe.

Whether the respondent was entitled to specific performance of the agreement.

Held:

The Court directed the appellant to deposit Rs. 20 crores with the Registry, upon which the respondent would withdraw security personnel from the property and hand over possession to the appellant.

The Court found no justification for the respondent's demand for specific performance, given the prolonged delay in construction.

The Court referred the question of whether the respondent would be entitled to damages to arbitration.

The Civil Appeal and Miscellaneous Application were disposed of accordingly.

Facts:

The appellant, Ahsan, was one of the accused in a case involving multiple charges under the IPC.

The incident involved the accused entering the complainant's paternal uncle's house and causing severe injuries to several individuals with gunshots.

The appellant was convicted by the Trial Court and his conviction was upheld by the High Court.

Ahsan appealed to the Supreme Court, primarily challenging the quantum of sentence imposed on him.

Issues:

Whether the quantum of sentence imposed on the appellant was appropriate, especially considering the circumstances of the case and the injuries sustained by the victims.

Held:

The Court noted that the two lower courts did not commit any error in exercising their judicial discretion in awarding life imprisonment to the appellant. It was reasoned that the injuries caused by the appellant were grievous in nature, and the facts of the case satisfied the ingredients of Section 307 IPC.

The Court further emphasized that various factors such as the nature of the offense, the gravity of the injuries, and the common intention of the accused were duly considered while imposing the sentence, leaving little scope for interference.

Therefore, the appeal was dismissed, and the sentence imposed by the Trial Court, affirmed by the High Court, was upheld by the Supreme Court.

Facts:

Search and seizure operation conducted on Mr. M.N. Navale, a trustee of Sinhgad Technical Education Society, under Section 132 of the Income Tax Act, 1961.

Documents seized during the operation suggested irregularities in the society's financial activities, including alleged collection of capitation fees.

Proceedings initiated by the Assessing Officer under Section 153C of the Act against the society for Assessment Years 2000-01 to 2005-06.

Society challenged the validity of the notice under Section 153C, arguing it was time-barred and lacked proper jurisdictional grounds.

Issues:

Validity of the notice issued under Section 153C of the Income Tax Act, 1961.

Jurisdictional grounds for initiating proceedings against Sinhgad Technical Education Society.

Held:

The Court held that the Income Tax Appellate Tribunal (ITAT) correctly allowed the additional ground regarding the validity of the notice under Section 153C. The Court affirmed the ITAT's decision, stating that the requirement under Section 153C is essential for assessment and constitutes a jurisdictional fact. The Court dismissed the appeal, upholding the decision of the ITAT and the High Court. It clarified that the assessment order covered eight Assessment Years, with the challenge relating only to four of them, and the decision to set aside the assessment was limited to technical grounds. The Court also emphasized that its decision did not absolve the society of potential repercussions based on findings regarding the genuineness of its activities and collection of capitation fees. Any pending proceedings regarding other Assessment Years would be considered independently of the outcome of this case.

Facts:

During communal riots in the State of Gujarat, various religious places owned by trusts and institutions were damaged or destroyed.

A Public Interest Litigation (PIL) was filed seeking direction to compensate the trusts and institutions owning the religious places affected during the riots.

The High Court directed the State Government to compensate the affected trusts and institutions.

The State Government framed a scheme regarding the payment of ex gratia assistance to all religious places damaged or destroyed during the communal riots.

Issues:

Whether the State is obliged under the Constitution to treat persons of all faiths and religions with equality.

Whether the State is liable to repair or restore religious places damaged by the mob during communal riots.

Whether the scheme framed by the State Government for providing ex gratia assistance to the affected religious places is reasonable and falls within the constitutional guidelines.

Held:

The State is obligated under the Constitution to treat persons belonging to all faiths and religions with equality (Para 21).

Protection of property and places of worship is an essential part of secularism, and the State is responsible for repairing or restoring religious places damaged during communal riots (Para 22).

The scheme framed by the State Government, which provides ex gratia assistance to all religious places damaged or destroyed during the riots, is reasonable and falls within the constitutional guidelines (Para 40).

Decision: The appeal is disposed of, upholding the High Court's direction to compensate the affected trusts and institutions. The scheme framed by the State Government for providing ex gratia assistance to the damaged religious places is accepted.