• +91 9632247247
  • Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • Post Articles
  • SC Imposes Rs 5 Crore Penalty On A Medical College For Playing Fraud On It; Orders Prosecution Of Its Dean

Latest Articles

Back

SC Imposes Rs 5 Crore Penalty On A Medical College For Playing Fraud On It; Orders Prosecution Of Its Dean

Courtesy/By: Sanjeev Sirohi  |  28 Jan 2019     Views:1141

It must be said with consummate ease that in a landmark, latest and laudable judgment titled Sarvepalli Radhakrishnan University & Another v. Union of India & Others in Writ Petition (Civil) No. 1001 of 2017 with Writ Petition (Civil) No. 731 of 2018 which was delivered on January 17, 2019 by a three-Judge Bench of Supreme Court and authored by Justice L Nageswara Rao for himself, Justice Sharad A Bobde and Justice R Subhash Reddy, the Supreme Court has imposed a whooping penalty of Rs 5 crore on a medical college for playing fraud on it. It also ordered prosecution of its dean. While clearly barring the R.K.D.F. Medical College Hospital and Research Centre from making admissions for the 1st year MBBS course for the next two years, the three-Judge Bench of Apex Court has also ordered prosecution of college dean SS Kushwaha under Section 193 of the Indian Penal Code. The Apex Court also directed the college to pay compensation of Rs. 1 lakh to each student admitted in the college for the academic year, apart from the refund amount payable to them.

                    To start with, para 1 of this judgment first and foremost brings out that, “Permission was granted for the establishment of Petitioner No. 2-R.K.D.F. Medical College Hospital and Research Centre (hereinafter referred to as “the College”) by Respondent No. 1 on the recommendation of Respondent No. 2-herein- Medical Council of India, with an intake capacity of 150 MBBS seats annually for the academic year 2014-15. An inspection was conducted on 23rd and 24th of February, 2015 for grant of renewal for admitting the 2nd Bath of 150 MBBS students for the academic year 2015-16. The Medical Council of India (MCI) recommended to the Central Government to reject the permission for admission of the 2nd Batch of 150 MBBS students for the academic year 2015-16 in view of the deficiencies found in the Assessment Report. A review/reassessment was done by the Executive Committee of Respondent No. 2 at the request of the Central Government. The Executive Committee of Respondent No. 2 reconsidered the matter and recommended to the Central Government not to renew the permission for the 2nd Batch of MBBS students for the academic session 2015-16. There was a further recommendation that the College should be debarred from making admissions for the next two academic sessions. The Central Government accepted the recommendation made by Respondent No. 2 and rejected the request for renewal. Yet another review/reassessment was done by the Central Government pursuant to the directions issued by this Court in SLP (C) No. 19543 of 2015 vide order dated 8th September, 2015. A Committee was constituted to afford an opportunity of hearing to the College. The College was denied permission to admit the 2nd Batch of the MBBS students for the year 2015-16 by an order of Respondent No. 1 dated 28th September, 2015. The High Court of Delhi quashed the said order dated 28th September, 2015 and directed the Central Government to examine the matter afresh vide its order dated 29th December, 2015 in Writ Petition (C) No. 9663 of 2015. The Central Government reiterated its decision by an order dated 1st January, 2016 to not grant permission to the College to admit the 2nd Batch of MBBS students. One more inspection was ordered by the High Court of Madhya Pradesh on 11th May, 2016 in Writ Petition (C) No. 21223 of 2015. Respondent No. 2 filed SLP (C) No. 14729 of 2016 challenging the order dated 11th May, 2016 passed by the High Court of Madhya Pradesh.  On 15th July, 2016, this Court directed that a fresh inspection should be conducted. The order dated 15th July, 2016 was modified by this Court on 9th September, 2016 by which the Oversight Committee was requested to consider the matter pertaining to the admission of students in the College for the year 2016-17.”

                                To be sure, it is then added in para 2 that, “By an order dated 27th September, 2016, the Oversight Committee accorded approval to the College for admission of students for the year 2016-17. The Oversight Committee directed the College to rectify the deficiencies and submit a compliance report to the Ministry of Health & Family Welfare by 27th September, 2016. The College was informed that a bank guarantee of Rs. Two Crores in favour of Respondent No. 2 has to be furnished by 27th September, 2016. It was stated that non-compliance of the conditions imposed by the Oversight Committee would result in the College getting debarred from fresh intake for two years commencing 2017-18. The 2nd Batch of 150 students for the academic year 2016-17 were admitted pursuant to the conditional permission for renewal granted by the Central Government.”

                               Truth be told, it is then brought out in para 3 that, “A joint verification inspection was conducted on 5th and 6th January, 2017 for renewal of permission to the 3rd Batch of MBBS students for the academic year 2017-18. Finding gross deficiencies in the infrastructure, clinical material, teaching faculty and other physical facilities in the College, the Executive Committee of Respondent No. 2 concluded that the undertaking given by the College on 28th September, 2016 was breached. The Committee decided to recommend to the Central Government to debar the College from admitting students for the academic years 2017-18 and 2018-19. The Central Government accepted the recommendations made by Respondent No. 2 and by an order dated 31st May, 2017 debarred the College from making admissions for the years 2017-18 and 2018-19. The High Court of Madhya Pradesh allowed Writ Petition  (C) No. 8100 of 2017 filed by the College questioning the legality of order of the Central Government dated 31st May, 2017. The College was permitted to provisionally admit 150 students. Aggrieved by the judgment dated 21st July, 2017 of the High Court of Madhya Pradesh, Respondent No. 2 filed SLP (C) No. 20400 of 2017 before this Court. The re-inspection as directed by the High Court of Madhya Pradesh was confirmed by this Court by an order dated 14th August, 2017. It was made clear in the said order that the admission of students shall be completely provisional, being dependent on the result of the inspection. It was further mentioned that the admission of students shall be liable to be cancelled if the College fails in the inspection and the students will not be entitled to claim any equity. The students were directed to be informed by the Counselling committee about the said condition. An inspection was scheduled to be conducted on 14th & 15th September, 2017 for renewal of the 4th Batch of students in College for the MBBS course. According to Respondent No. 2, the said inspection had to be aborted midway as the assessors were manhandled and physically forced to leave the College. At the request made by the College, another inspection was conducted on the 25th & 26th September, 2017. The Executive Committee of Respondent No. 2 considered the Assessment Report at its meeting held on 26th September, 2017 and decided that admissions of the 4th Batch of 150 MBBS students for the year 2017-18 should be cancelled in view of the following deficiencies found in the inspection conducted on 25th & 26th September, 2017:

I.                 Bed Occupancy at 10 a.m. on day of assessment was 01.07% (i.e. 7 out of 410).

II.              There were no Major Surgical operation on day of assessment.

III.          There was NIL Normal Delivery or LSCS on day of assessment.

IV.          Data of Clinical material like Casualty attendance, Discharges, Major & Minor Operations, Radiological Investigations as provided by the Institute are inflated.

V.             ICUs: There was NIL patient in NICU/PICU & only 1 patient each in ICCU, MICU, SICU on day of assessment.

VI.          Blood Bank: NIL Unit was dispensed on day of assessment.

VII.      Deficiency of faculty is 15.65% as detailed in the report.

VIII.   Shortage of residents is 40% as detailed in the report.

IX.          Diet order was not recorded in the register on day of assessment.

X.              MRD is partly manual.

XI.          Facilities in Central Research Laboratory are not adequate. There are NIL ongoing or completed research projects.

XII.       RHTC: Cold Chain equipment are not available. Survey / MCH / Immunization / Family Welfare registers are not available. No activities under National Health Programmes are carried out.

XIII.   UHCC: Cold Chain equipment are not available. Survey / MCH / Immunization / Family Welfare Registers are not available.”

                                    Bluntly put: How can all this be dismissed lightly? How can all this be overlooked? How can all this be justified on any ground? How can all this justify mild action? How can all this not justify most strict action?

                        No wonder that the Executive Committee of Respondent No. 2 rightly decided to act tough as pointed out in para 4 which states that, “The Executive Committee of Respondent No. 2 further decided that Regulation 8(3)(1)(b) of the Establishment of Medical College Regulations, 1999 (“the MCI Regulations) should be invoked in view of the deficiencies found in the bed occupancy and residents. The said decision of Respondent No. 2 was approved by the Oversight Committee.”

                       Be it noted, it is also clarified in para 4 as to what Regulation 8(3)(1)(b) entails. It is as follows:-

“Regulation 8(3)(1)- The permission to establish a medical college and admit students may be granted initially for a period of one year and may be renewed on yearly basis subject to verification of the achievements of annual targets. It shall be the responsibility of the person to apply to the Medical Counil of India for purpose of renewal [as per latest time schedule] prior to the expiry of the initial permission. This process of renewal of permission will continue till such time the establishment of the medical college and expansion of the hospital facilities are completed and a formal recognition of the medical college is granted. Further admissions shall not be made at any stage unless the requirements of the Council are fulfilled. The Central Government may at any stage convey the deficiencies to the applicant and provide him an opportunity and time to rectify the deficiencies.

   (b) Colleges in the stage of III & IV renewal (i.e. Admission of fourth & fifth batch): [If it is observed during any inspection of the Institute that the deficiency of teaching faculty and/or Residents is more than 20% and/or bed occupancy is < 65%, compliance of rectification of deficiencies from such an institute will not be considered for renewal of permission in that Academic year.]”

                                    Needless to say, it is then divulged in para 5 that, “Respondent No. 2 directed the College to discharge all the students admitted for the academic year 2017-18 by its letter dated 29th September, 2017. The Principal Secretary (Medical Division Department), Government of Madhya Pradesh- Respondent No.3-herein was requested to cancel the admission of students made in the College for the academic year 2017-18.”

                   While elaborating in detail, it is then pointed out in para 6 that, “The communications dated 29th September, 2017 to the College and the Respondent No. 3 are subject matter of challenge in this Writ Petition. The College sought a further direction that a fresh inspection should be conducted strictly in accordance with the Assessor’s Guide. While issuing notice on 23rd October, 2017, this Court stayed the operation of the communication dated 29th September, 2017. On 24th October, 2017 it was clarified that the students admitted as per the order dated 14th August, 2017 in SLP (Civil) No. 20400 of 2017 shall be permitted to continue with their studies. Thereafter, on a consideration of the Assessment Report pursuant to the inspection dated 25th & 26th September, 2017 and the submissions made on behalf of both sides, this Court by an order dated 14th December, 2017 directed the admission of the students to be cancelled. This Court took note of the order dated 14th August, 2017 which made the admission of students subject to the result of the inspection. As the students were found not to be complicit and not having any role to play in non-compliance of the requisite standards by the College, this Court considered it expedient to direct the students to be accommodated in other colleges. By referring to the Assessment Report pursuant to the inspection done on 25th & 26th September, 2017, learned Senior Counsel for Respondent Nos. 1 and 2 submitted that the College was indulging in fraud by showing persons who were not sick as patients only for the purpose of showing compliance of the minimum requirements. The learned Senior Counsel appearing for the College refuted the said contention and argued that all the patients were genuine. As this Court was in no position to determine the truth or otherwise of the allegations, an enquiry was directed to be conducted into the correctness of the statistics, reports and material placed before this Court by the College along with the Writ Petition. For the said purpose, a committee was constituted by this Court. A senior officer deputed by the Director, Central Bureau of Investigation (CBI), was directed to head the Committee which would have two doctors of the All India Institute of Medical Sciences (AIIMS) as its members. It is relevant to note that in the said order dated 14th December, 2017 it was made clear that the College may have to face prosecution under Section 193 of the Indian Penal Code, 1860 (IPC) if the allegations made by Respondent No. 2 were found to be correct. The decision to constitute a committee by this Court was arrived at after a thorough examination of the voluminous material placed on record by the College. The material was constituted of several photographs showing patients occupying the beds and their case sheets. A bare perusal of the photographs did not convince us that the patients were genuine. After a close scrutiny of the case sheets, we had serious doubts about the necessity for admission of persons suffering from minor ailments as in-patients.”

                                 By the way, it is then pointed out in para 7 that, “The students who were admitted in the College for the year 2017-18 were directed to be adjusted in the other private medical colleges in the State of Madhya Pradesh for the academic year 2018-19 by an order passed by this Court on 3rd July, 2018. The students were directed to pay the fees to the colleges to which they are admitted. It was mentioned in the said order dated 3rd July, 2018 that the entitlement of the students for refund of the fee paid for admission to the College shall be adjudicated at the final hearing of the Writ Petition.”

                                 As it turned out, para 8 then specifies that, “The Committee appointed by this Court on 14th December, 2017 submitted its Report on 12th July, 2018. It was mentioned in the Report inter alia, that the Committee visited the College on 29th January, 2018 around 11.30 a.m. and found that the patient waiting area for OPD Registration was totally empty. After visiting several wards in the hospital, the Committee found that the attendance of patients was abysmally low and the patients shown to be admitted in OPDs/wards were not in conformity with the actual number of patients. It was further stated in the Report that a scrutiny of the medical case files of the in-patients showed that their admission was not necessary. The case duty rosters for duty doctors as well as nurses were not available in the wards and the junior doctors on duty were not able to identify and confirm who had written the case notes/progress notes on the case files.”

                           More importantly, para 9 while dwelling on the conclusions of the Committee observes unambiguously that, “The Committee collected the medical sheets of 435 patients who were shown to have been admitted in the hospital on the date of the inspection conducted on 25th & 26th September, 2017. The hard disk that was obtained from the hospital for verification of the details of patients who were admitted prior to 7th January, 2018 was examined by the CBI. It was found that the hard disk was empty and did not contain any data. The conclusion of the Committee after a detailed enquiry revealed the following:  

“i. The petitioner college has claimed that 6 doctors namely, Dr. Ritesh Kumawat, Dr. MR Gaikwad, Dr. SB Petkar, Dr. Deepak Kaladagi, Dr. Jeetendra Gupta and Dr. Ram Ballabh Thakur couldn’t attend the MCI inspection on 25.09.2017 as they were summoned by Court/Police in connection with a motor accident case. However, such claim were found to be incorrect.

ii. All of the six doctors namely, Dr. Ritesh Kumawat, Dr. MR Gaikwad, Dr. SB Petkar, Dr. Deepak Kaladagi, Dr. Jeetendra Gupta, Dr. Ram Ballabh Thakur, when examined, denied having received any notice from police regarding the motor accident.

iii. Out of the 10 doctors (Sr. Residents/ Jr. Residents) who were not counted by the assessors on the strength of the petitioner college as faculty on the ground that they were not residing in the college hostel, 9 doctors could be contacted. Examination of those 9 doctors revealed:

·      07 doctors confirmed during enquiry that they were not staying in the hostel in the college campus and they themselves had conveyed the MCI assessors in this regard. It is mandatory to stay in hostel as per Assessor’s Guide issued by MCI for academic year 2018-19.

·      The other two resident doctors, i.e. Dr. Meenal Parmar and Dr. Arpita Mishra, stated that they were staying in the hostel but were not considered on the strength of the college by the MCI assessors.

iv. Out of the 8 resident doctors whih petitioner college had claimed to be on night duty and so couldn’t appear before MCI assessors by 11 AM, enquiry revealed that:

·      Out of the above mentioned 8 resident doctors, 6 resident doctors stated that they were not on payroll of the petitioner college on the day of inspection i.e. 25.09.2017. Even 4 of those doctors had stated that they never joined the hospital.

·      1 doctor (Dr. Ritesh Kumawat) stated that he was not present on the day of the inspection, i.e. 25.09.2017.

·      And another doctor Dr. Devyani Patel was present on 25.09.2017 but she was rightly excluded by the MCI assessors as she couldn’t make her presence by 12 noon (which was mandated as per Assessor’s Guide).

v. The 3 doctors namely Dr. Priyank Jain, Dr. Manoj Sahu and Dr. Amit Jain, who were not treated as Sr. Resident doctors by the MCI assessors doesn’t seem to be justifiable considering the fact that all three of them were treated as Sr. Resident Doctors on earlier inspection on 05.01.2017.

vi. Two tutors who have been shown as present in the assessment by the college had not attended the assessment proceedings on 25.09.2017.  

vii. Due to vague and incomplete type of the addresses mentioned in the record of the petitioner college, most of the patients could not be located as merely the names of the colonies and sub areas have been found to be mentioned on the patient case sheets. In the identified 21 patients, 8 are the employees/students of various RKDF institutions.

viii. On the basis of the medical analysis of the case sheets of the patients most doctors from AIIMS are of the similar view that it is doubtful that all these patients were actually admitted and that too for such a long duration.

ix. Most of the doctors are also of the opinion that the range of cases shown to be admitted was grossly inadequate for training of students.

x. The doctors were also of the opinion that in most of the case sheets prescriptions, operative notes, etc. appears to have been written by the same person in a very unprofessional manner. Also histopathological reports are very sketchy and incomplete.

xi. Dr. S.C. Sharma, Professor and HoD, ENT Department of petitioner’s college on 25/26.09.2017. As per his opinion most of the patients appear to be fictitious.

xii. Dr. H.L. Nag, Professor, Orthopedics, AIIMS has examined 52 medical sheets of the patients shown on bed in Orthopedics Department of petitioner’s college on 25/26.09.2017. He held that majority of those cases could have been managed without hospital admissions.

xiii. Dr. Naval Kishore Vikram, Professor General Medicine AIIMS has examined 97 medical patients of General Medicine and 12 patients of TB & Chest Department who were shown to be on bed on 25/26.09.2017. He has concluded that it appears doubtful that those patients were actually admitted in the hospital. Most of the patients appear to be over treated by various medications, particularly antibiotics. He also held that most of the cases had limited number of diagnosis which is grossly inadequate for training of medical students.

xiv. Dr. Pankaj Hari, Professor Paediatrics Department, AIIMS has examined 62 medical sheets of the patients shown on bed in Paediatrics Department of petitioner’s college on 25/26.09.2017. He concluded that the admitted cases have limited diagnosis which is quite inadequate for training of students in a medical college. He also raised doubt over the authenticity of those medical files.

xv. Dr. Vinod K. Khetan, Professor, Department of Dermatology and Venerelogy, AIIMS, examined 10 medical sheets of the patients shown on bed in Dermatology department of petitioner’s college on 25/26.09.2017. He raised serious doubts over the authenticity of patient being actually admitted. He also opined that the range of cases admitted and their work up is grossly inadequate for the training of students.

xvi. Dr. Namrata Sharma, Professor, Deptt. Of Opthalmic Sciences, AIIMS has concluded that in out of total 17 cases, admission of the 02 patients was required whereas in all other cases patient could have been managed under day care OPD.

xvii. Dr. Mamta Sood, Professor, Deptt. Of Psychiatry, AIIMS examined 08 medical sheets of the patients shown on bed in Psychiatry Department of petitioner’s college on 25th/26.09.2017. Though she mostly agreed that the treatment shown to be given to the patients was appropriate, but she opined that they didn’t require to be admitted.

xviii. Dr. Ongikla Bhutia, Professor, Division of Oral Maxillofacil Surgery, AIIMS examined 11 medical sheets of the patients shown on bed in Oral Maxillofacial Surgery Department of petitioner’s college on 25/26.09.2017. The doctor opined that the diagnosis appeared repetitive. Neither pre-operative radiography nor post operative radiography were found on record. Consent for the surgery was also found to be absent in some cases.

xix. Dr. Deepika Deka, Professor, Deptt. Of Obstetrics and Gynaecology, AIIMS had examined 56 medical sheets of the patients shown on bed in Obstetrics and Gynaecology Department of petitioner’s college on 25/26.09.2017. She raised doubt whether actual surgery was performed or not. She also raised doubt over the genuineness shown for those patients.

xx. Dr. Subodh Kumar, Professor, Deptt. Of Surgical Disciplines, AIIMS examined 96 medical sheets of the patients on bed on 25/26.09.2017. He raised serious doubt over the genuineness of patients actually admitted. He also held that spectrum of cases shown to be admitted was grossly inadequate for training of students”.”

                         To put things in perspective, para 10 then enumerates that, “When the matter was listed on 5th December, 2018, Shri Vivek Tankha, learned Senior Counsel appearing for the College, submitted that the College intends to submit an apology for the lapses on their part. He requested us to give a quietus to this matter. He submitted that there are students presently studying in the institution who would be affected by any adverse order passed against the College.” In other words, Vivek Tankha who was the learned Senior Counsel who appeared for the College left no stone unturned to convince the Court that a quietus should be given to this matter as the College intended to tender an apology and the students studying there would be adversely affected! But the Bench was not quite convinced by it.

                           It would be imperative to mention here that para 11 while rebutting all untenable defences of College also took it to task for misleading it while also appreciating the line of action taken by MCI and observed that, “It has been brought to our notice by the Respondent No. 2- MCI that during the inspection conducted on 23rd & 24th February, 2015 for the purpose of granting admission for the academic year 2014-15, it was found that there were patients who were fake and others who had been admitted without any significant illness. The MCI was constrained to invoke Regulation 8(3)(1)(a) and Regulation 8(3)(1)(d) of the MCI Regulation in view of the College submitting forged/fake documents for the purpose of showing compliance with the minimum requirements. A complaint was made by Dr. A.K. Banerjee, Ex-Associate Professor of Surgery of the College on 25th March, 2015 alleging that more than 50% of the doctors who were shown as full-time Faculty Members were full-time private practitioners. Dr. Paresh Ruparel who was shown as a Professor of Surgery in the College was working as a surgeon at V.S. Hospital affiliated to MHL Medical College, Ahmedabad and was also running a private hospital. Dr Ruparel was referred to Ethics Committee and he was suitably dealt with for misdemeanor.”

                                Continuing in the same vein, it is then further added by the Apex Court Bench in the same para 11 that, “Without delving deep into the details of the Report submitted by the Committee, it is clear that the College is guilty of practicing fraud on this Court. The conduct of the College administration in indulging in manipulations and hoodwinking the authorities to project compliance of the requisite minimum standards for admission of students does not deserve to be condoned. The impunity with which the College has manufactured records to convince us that they were being unnecessarily hounded by the MCI in spite of their compliance with the required standards is deprecated. The brazen attempt by the College in taking this Court for a ride by placing on record maneuvered documents to obtain a favourable order is a clear-cut act of deceit. The justification given by the College regarding the absence of certain residents has turned out to be a concocted story. Had we not initiated an enquiry by the Committee of Experts, the fraud played by the College on this Court would not have come to light. It is trite that every litigant has to approach the Court with clean hands. A litigant who indulges in suppression of facts and misrepresentation is not entitled for any relief. The conduct of the College in this case to mislead this Court for the purpose of getting a favourable order is reprehensible and the College deserves to be dealt with suitably.”    

                           Of course, it is then elaborated in para 13 that, “In the affidavit filed along with the Writ Petition, Mr. S.S. Kushwaha, Dean of the R.K.D.F. Medical College Hospital and Research Centre stated that the contents in the Writ Petition are true and correct to the best of his knowledge and belief. According to the College, the Assessment Report pursuant to the inspection conducted on 25th and 26th September, 2017 was unfair as the justification for the absence of six members of the faculty was not accepted. The averment in the Writ Petition is to the effect that the said six doctors who had received summons from the Sub-inspector of Police, Bairagarh were at the police station at 11 a.m. on 25th September, 2017 in connection with the complaint relating to a motor accident case. The Committee enquired into the correctness of the claim made by the College regarding the absence of the six faculty members. Mr. Mohan Sharma, Assistant Sub-Inspector of Police of Bairagarh Police Station stated that there was no such notice issued for summoning the six doctors to the police station. On further enquiry, the six doctors namely Dr. Ritesh Kumawat, Dr. MR Gaikwad, SB Petkar, Dr. Deepak Kaladagi, Dr. Jeetendra Gupta and Dr. Ram Ballabh Thakur denied having received any notice from the police station. Dr. Ritesh Kumawat further denied having filed any complaint regarding the motor accident. On the basis of the above findings of the Committee, it is clear that a false statement has been made by the College on the basis of a fabricated document. It was averred in the Writ Petition by the College that there were 365 patients in the hospital at the time of inspection on 25th September, 2017 but the inspection team recorded that they were only seven patients available. In support of their submission, reliance was placed on the computerized data of the Medical Records Department. The hard disk that was collected by the Committee to study the details of the patients who were admitted in the hospital prior to January, 2018 turned out to be empty and no data could be retrieved. The assertion made by the College regarding the genuineness of the patients in the hospital turned out to be false in the enquiry conducted by the Committee. The Committee had serious doubts whether the patients were actually admitted. Most of the case sheets, prescriptions, operative notes, etc. appeared to be written by the same person in a very unprofessional manner. The histopathological reports were found to be sketchy and incomplete. On a thorough examination of the case sheets, the experts from AIIMS opined that admission of the patients was unnecessary in a number of cases. In view of the fake and incomplete addresses mentioned in the records of the hospital, most of the patients could not be located. Only 21 patients were identified and 8 out of these turned out to be employees/students of the College. All this goes to show that the College has indulged in large scale malpractices in showing compliance of the minimum required standards to obtain permission for admission of students. The College further tried to mislead this Court that it is compliant in all respects, to get permission for the admission of students.”

                             While sparing no punches in lambasting the College for misleading the Court, it is then clearly and categorically held in para 14 that, “The brazen manner in which the College has indulged in relying upon manipulated records to mislead this Court for the purpose of getting favourable order deserves to be dealt with in a serious manner. We find that this is a fit case where Mr. S.S. Kushwaha, Dean of the College must be held liable for prosecution under Section 193 IPC.”

                 It is then rightly reiterated in para 15 that, “There have been instances of errant medical colleges making admissions to the medical courses without obtaining the requisite permission. This Court came down heavily on such deviant colleges by imposing penalties for the illegalities committed by them in the matter of admission and for putting the students’ future in jeopardy. [(2015) 4 SCC 580 45.6 – Medical Council of India v. M.G.R. Educational & Research Institute University and (2016) 11 SCC 530 31, 31.2 & 31.4 – Medical Council of India v. Kalinga Institute of Medical Sciences (KIMS)] We have noticed a disturbing trend of some medical colleges in projecting fake faculty and patients for obtaining permission for admission of students. The Committee exposes the evil design of the College in resorting to deceitful methods to cheat the authorities concerned and this Court to secure permission for admission of students. Apart from the prosecution of the Dean, the College is liable to be suitably punished for committing perjury.”  

                                 It would be instructive to note that while not being convinced of the apology tendered by the College through its learned senior lawyer Vivek Tankha, the Apex Court Bench then noted in para 16 that, “We are unable to persuade ourselves to accept the apology offered on behalf of the College. The College has been habitually indulging in foul play which is clear from the course of events in 2015 when faculty members were found to have been working elsewhere and running hospitals. The bravado shown by the College in an attempt to cheat the MCI, the Government and this Court has to be condemned. The Committee constituted by this Court is due to the vehemence with which the Counsels appearing for the College were trying to convince us that they are fully compliant with all the requirements. ‘Apology is an act of contrition. Unless apology is offered at the earliest opportunity and in good grace, the apology is shown of pentinence and hence it is liable to be rejected. If the apology is offered at the time when the contemnor finds that the Court is going to impose punishment it ceases to be an apology and becomes an act of a cringing coward’. [TN Godavarman Thirumalpad (102) v. Ashok Khot and Anr. (2006) 5 SCC 1 at Para 31]”

                                     It is then clarified in para 17 that, “The students who were admitted in the 1st Year MBBS Course in the College for the academic year 2017-18 were duly cautioned and informed that their admission was purely provisional and they cannot claim any equity if the College was later on found to be deficient. They have been directed to be admitted in other colleges for the years 2018-19. In the process, students have lost a precious academic year. However, they are entitled for the refund of the fee collected from them for admission to the College.”

                            Finally and most importantly, it is then concluded in para 18 that, “For the aforementioned reasons, we pass the following order:

(i)             Mr. S.S. Kushwaha, Dean of the R.K.D.F. Medical College Hospital and Research Centre i.e. Petitioner No. 2- herein is liable for prosecution under Section 193 IP. The Secretary General of this Court is directed to depute an Officer to initiate the prosecution in a competent Court having jurisdiction at Delhi.

(ii)          The College is barred from making admissions for the 1st Year MBBS course for the next two years i.e. 2018-19 and 2019-2020.

(iii)       A penalty of Rs. Five crores is imposed on the College for playing fraud on this Court. The amount may be paid to the account of the Supreme Court Legal Services Committee.

(iv)       The students are entitled to receive the refund of fee paid by them for admission to the College for the academic year 2017-19. In addition, the College is directed to pay a compensation of Rs. One Lakh to the said students.”

Lastly, in para 19, it is held that, “The Writ Petition is dismissed accordingly.

WRIT PETITION (CIVIL) NO. 731 OF 2018:     

    The Writ Petition is hereby dismissed in terms of the above judgment.”

                               In the ultimate analysis, it has to be said in all fairness that this latest, landmark and laudable judgment has sought to send a very loud and clear message to all Colleges that if they dare to break all rules and regulations and hope to get away easily by just tendering an apology, then they are themselves responsible for inviting trouble and are heading themselves into trouble for which no one but they themselves will be solely liable and held accountable and punished! They will be left with just no option but to shell out a huge penalty as we see in this high profile case where the concerned College is ordered to not just pay Rs 5 crore penalty but also to refund the fees paid by the students to the College for the academic year 2017-19 and in addition pay a compensation of Rs one lakh to the said students. All arguments and apologies tendered by the College through its learned Counsel Vivek Tankha just simply failed to cut ice with the three-Judge Bench of Apex Court who delivered this most latest and laudable judgment which has made headlines in all newspapers and all news channels! No doubt, all Colleges must always from now onwards bear this in mind and shed the false myth that they could easily take the system for granted and get away by just tendering an apology! The earlier this is done, the better it shall be for them to ensure that they too don’t end up with egg on their face as we see here!


Courtesy/By: Sanjeev Sirohi  |  28 Jan 2019     Views:1141

Articles Updates

The Legal Depth of Cryptocurrency....
14 May 2022     Views:1047
Have You Suffered Harm Due to a Cochlear Implant?...
13 May 2022     Views:812
When is a Deposition Summary used?...
13 May 2022     Views:877
Denied! 8 Most Common Reasons for Green Card Denia...
25 Feb 2022     Views:1249
International customary law – a study of the Ang...
20 Feb 2022     Views:3103
How to Have an Essay Written for Free?...
10 Feb 2022     Views:988
How to maximise a law firm’s success with a virt...
28 Dec 2021     Views:1365
Helpful Math Website for Students - AssignMaths.co...
26 Nov 2021     Views:1349
The Upcoming Municipal Nominee Program of Canada...
29 Oct 2021     Views:1506
Assault with a Weapon: How To Get Your Charges Dro...
28 Oct 2021     Views:1163
Law School Personal Statement Tips for Winning Adm...
12 Oct 2021     Views:1377
Can an Employee on Maternity Leave be Terminated?...
05 Oct 2021     Views:895
OLD STATUTES MAKING A COMEBACK AMID VIRUS OUTBREAK...
04 May 2020     Views:3338
ARTICLE 141: DOCTRINE OF PRECEDENT...
04 May 2020     Views:18813
Presumptions in Evidence Law...
04 May 2020     Views:6486
Unique use of Technology during covid-19 pandemic...
30 Apr 2020     Views:2943
45 days interim bail granted to under- trial priso...
29 Apr 2020     Views:2855
DOCTRINE OF RES GESTAE...
27 Apr 2020     Views:6985
Rights of the LGBTQI community- a long road ahead....
26 Apr 2020     Views:2625
Measures to protect women against domestic violenc...
26 Apr 2020     Views:2613
United Nations Environment Programme (UNEP)...
25 Apr 2020     Views:3086
United Nations Convention to Combat Desertificatio...
24 Apr 2020     Views:2233
Increase in Cyberbullying during COVID-19...
24 Apr 2020     Views:1005
DOCTRINE OF COLOURABLE LEGISLATIONS...
24 Apr 2020     Views:1527
Doctrine of lifting of corporate veil...
23 Apr 2020     Views:1116
Meaning of Legal Pluralism...
23 Apr 2020     Views:911
Once a mortgage, always a mortgage...
23 Apr 2020     Views:41307
Euthanasia- Meaning and Legality in India...
23 Apr 2020     Views:804
Judicial activism and Judicial restraint...
22 Apr 2020     Views:976
Concept of Insider Trading under Investment Law...
22 Apr 2020     Views:1158
Need for Legal Awareness...
22 Apr 2020     Views:1123
Is Extradition a Legal Duty of State? ...
22 Apr 2020     Views:3445
The Protocol to Prevent, Suppress and Punish Traff...
22 Apr 2020     Views:769
Why Dependence On Criminal Law Is Not The Solution...
22 Apr 2020     Views:717
Uniform Civil code...
22 Apr 2020     Views:760
VETO POWER AND DOUBLE VETO POWER ...
20 Apr 2020     Views:18442
ABETMENT UNDER THE INDIAN PENAL CODE...
20 Apr 2020     Views:5223
Water (Prevention & Control of Pollution) Act, 197...
20 Apr 2020     Views:2173
NATIONAL GREEN TRIBUNAL - CRITICAL ANALYSIS...
20 Apr 2020     Views:4128
LAWS AGAINST ACID ATTACK IN INDIA...
20 Apr 2020     Views:9368
Concept of conciliation...
19 Apr 2020     Views:2136
White collar crimes in India...
19 Apr 2020     Views:1768
No Law To Make Whatsapp Group Admins Liable For Me...
19 Apr 2020     Views:5866
Relationship between International Law and Municip...
18 Apr 2020     Views:50846
International Labour Organization (ILO)...
18 Apr 2020     Views:739
How is the Law arena affected by COVID-19?...
18 Apr 2020     Views:679
Motor Vehicle Insurance Law...
18 Apr 2020     Views:725
CORPORATE SOCIAL RESPONSIBILITY (CSR) AND ITS IMPO...
18 Apr 2020     Views:869
ENVIRONMENTAL GAINS OF THE LOCKDOWN MUST BE PRESER...
18 Apr 2020     Views:825
Difference between Kidnapping and Abduction...
17 Apr 2020     Views:2357
JUSTIFYING SC ORDER THAT MANDATES FREE COVID-19 TE...
17 Apr 2020     Views:693
Evolution of the Nature and Scope of Article 12 of...
16 Apr 2020     Views:4851
Corruption laws in India ...
16 Apr 2020     Views:926
ADVERTISING LAWS IN INDIA...
16 Apr 2020     Views:1158
The Treaty on the Prohibition of Nuclear Weapons...
15 Apr 2020     Views:891
Business Laws in India...
15 Apr 2020     Views:2124
The Process of Passing an Ordinary Bill in the Par...
14 Apr 2020     Views:10869
International Committee of the Red Cross...
14 Apr 2020     Views:870
National Company Law Tribunal...
14 Apr 2020     Views:946
FOOD ADULTERATION...
13 Apr 2020     Views:1915
The United Nations Rules for the Protection of Juv...
13 Apr 2020     Views:2903
Environmental Protection Act, 1986...
12 Apr 2020     Views:1507
IMPORTANCE OF PRECEDENTS ...
12 Apr 2020     Views:8379
MoHFW and ICMR hold a conflicting statement over C...
11 Apr 2020     Views:781
Introduction to Income Tax Act, 1961...
11 Apr 2020     Views:4502
DEMOCRACY IN INDIA...
10 Apr 2020     Views:1439
United Nations Law of the Sea Convention (UNCLOS)...
10 Apr 2020     Views:1355
An Overview of Juvenile Delinquency and the Juveni...
09 Apr 2020     Views:1652
How is Absolute Liability different from Strict Li...
09 Apr 2020     Views:23958
International Armed Conflict (IAC) and Non-Interna...
09 Apr 2020     Views:2252
The Concept of Bonded Labour under the Legal Syste...
09 Apr 2020     Views:829
Why Indian Constitution is called Quasi-federal?...
08 Apr 2020     Views:26985
What should be given primary importance, Human Rig...
08 Apr 2020     Views:889
Karl Marx: Debates on the Law on Thefts of Wood ...
08 Apr 2020     Views:4049
Convention on the Elimination of All Forms of Disc...
07 Apr 2020     Views:920
Legal Rights of Students in India...
07 Apr 2020     Views:2591
International Covenant on Civil and Political...
06 Apr 2020     Views:772
Plant Quarantine (Regulation of Import into India)...
06 Apr 2020     Views:1432
The Hart-Fuller debate in a Nutshell ...
06 Apr 2020     Views:15959
Convention on Prevention and Punishment of the Cri...
06 Apr 2020     Views:636
The Juvenile Justice (Care and Protection of Child...
06 Apr 2020     Views:717
FUNDAMENTAL RIGHT TO PRIVACY DURING THE HEALTH CRI...
06 Apr 2020     Views:704
Traditional Knowledge : The Convention on Biologic...
06 Apr 2020     Views:714
Bailment...
05 Apr 2020     Views:1261
Monopolistic nature of Copyright Societies in Indi...
05 Apr 2020     Views:1027
Marital Rape...
05 Apr 2020     Views:670
Insolvency and Bankruptcy Bill ...
05 Apr 2020     Views:645
Manual Scavenging ...
05 Apr 2020     Views:615
How serious can Online Abuse be?...
05 Apr 2020     Views:603
Cognizable and non cognizable offences...
05 Apr 2020     Views:4755
Legal Aid In India ...
05 Apr 2020     Views:708
Basic Structure Doctrine...
05 Apr 2020     Views:715
Medical Negligence...
05 Apr 2020     Views:595
Consumer Protection Act, 2019...
05 Apr 2020     Views:763
Legality of Cryptocurrency in India...
05 Apr 2020     Views:999
Intimate Partner Violence...
05 Apr 2020     Views:641
CENTRE USES THE PRETENCE OF ‘FAKE NEWS’ TO SUP...
05 Apr 2020     Views:594
International Humanitarian Law...
05 Apr 2020     Views:661
What rights do a disabled person in India have? ...
05 Apr 2020     Views:852
Universal Declaration of Human Rights...
03 Apr 2020     Views:831
What is the National Security Act being slapped on...
03 Apr 2020     Views:598
False News- another epidemic?...
02 Apr 2020     Views:674
Commercial laws in India a Bird's-eye view...
02 Apr 2020     Views:5670
All About Suo Moto Proceedings...
02 Apr 2020     Views:697
Intellectual Property Rights...
02 Apr 2020     Views:738
Alternate Dispute Resolution...
02 Apr 2020     Views:675
Types of E-commerce Models ...
02 Apr 2020     Views:613
'Intermeddler' as a Legal Representative under the...
01 Apr 2020     Views:5053
Right to health- A fundamental right...
31 Mar 2020     Views:711
What is a Green Bond? ...
31 Mar 2020     Views:630
Defamation...
31 Mar 2020     Views:680
CONSTITUTIONALITY OF NATIONAL LOCKDOWN...
30 Mar 2020     Views:780
Positive and Negative Impacts of the US-China Trad...
29 Mar 2020     Views:1613
Public Heath(Covid-19) Rules, 2020...
29 Mar 2020     Views:589
Opinion | Migration and the Mockery of Lockdown- I...
29 Mar 2020     Views:683
Female Genital Mutilation- Violation of Human Righ...
29 Mar 2020     Views:742
Supreme Court’s judgement on Shreya Singhal v. U...
29 Mar 2020     Views:1205
International Court of Justice...
28 Mar 2020     Views:716
Feminist Jurisprudence...
27 Mar 2020     Views:850
IP Protection and Diffusion of Environmentally Sou...
27 Mar 2020     Views:903
Covid-19 fostered Racism ...
26 Mar 2020     Views:659
Mercy Petition: The Process ...
26 Mar 2020     Views:1290
WTO Work Programme on E-Commerce ...
26 Mar 2020     Views:676
Comparison between Section 144 of CrPC, lockdown a...
26 Mar 2020     Views:1157
Prison reforms...
26 Mar 2020     Views:710
How far has the LGBTQI community come?...
26 Mar 2020     Views:642
Public Interest Litigation...
26 Mar 2020     Views:776
The Right to information Act- Still a right or not...
25 Mar 2020     Views:933
Legalization of Marijuana...
25 Mar 2020     Views:699
Significance of AB PM-JAY in the light of COVID-19...
25 Mar 2020     Views:648
The History of Magna Carta...
25 Mar 2020     Views:1255
Introduction to Child Rights in India...
25 Mar 2020     Views:3890
CENTRE CANNOT DECLARE AN ORGANISATION POLITICAL: ...
06 Mar 2020     Views:2960
A DECISION MADE BY SC ON AYODHYA VERDICT...
29 Jan 2020     Views:1023
RIGHTS OF TRANSGENDER IN INDIA...
29 Jan 2020     Views:1235
MARITAL RAPE - A NON CRIMINALIZED CRIME IN INDIA...
24 Jan 2020     Views:1196
MISCONCEPTION ABOUT CITIZENSHIP AMENDMENT ACT ...
22 Jan 2020     Views:1066
CORPORATE GOVERNANCE...
21 Jan 2020     Views:1238
Hyderabad Encounter- Human Rights Violation or Jus...
18 Jan 2020     Views:1689
NOTE ON NIRBHAY CASE CONVICTS...
17 Jan 2020     Views:1195
NOTE ON ARTICLE 370...
17 Jan 2020     Views:1120
Rape and Indian laws ...
13 Jan 2020     Views:1626
An overview on Drugs Law...
13 Jan 2020     Views:1228
Mob Lynching: Role of Politics and approach of Jud...
08 Jan 2020     Views:3829
Trademarks: Spectrum of Distinctiveness and Indian...
06 Jan 2020     Views:4464
Women Prisoners ...
23 Dec 2019     Views:1294
Child Care Institutions and its Judicial Interpret...
23 Dec 2019     Views:1304
Smart Contracts and Their Relevance in The Legal P...
19 Dec 2019     Views:1083
Government Vs Opposition on the Citizenship Amendm...
12 Dec 2019     Views:1345
Condition Of Lady Advocates Vulnerable: Lawyer App...
11 Dec 2019     Views:1831
Montesquieu’s Theory of Separation of Powers: Ho...
10 Dec 2019     Views:30437
JUDICIAL REVIEW AND JUDICIAL OVER-REACH: TRANSITIO...
10 Dec 2019     Views:2696
Due Process Of Law For Rapists Must Speed Up Now...
10 Dec 2019     Views:984
Human Rights Of Women Must Also Be Respected...
09 Dec 2019     Views:1049
Speedy Capital Punishment For Rapists Must Be Ensu...
08 Dec 2019     Views:961
Why Only One Dhananjoy Chatterjee Hanged Till Now?...
07 Dec 2019     Views:1304
Why No Death Penalty For Gang Rape In India?...
07 Dec 2019     Views:833
Rape Convicts Must Be Hanged At The Earliest From ...
05 Dec 2019     Views:780
No Mercy Petition And No Life Term Ever For Gang R...
02 Dec 2019     Views:1022
Section 207 CrPC: Magistrate Cannot Withhold Any D...
02 Dec 2019     Views:2030
UP Bar Council Chairman Harishankar Singh Openly C...
17 Nov 2019     Views:1384
AN UNDERSTANDING OF PRESIDENT’S RULE UNDER ART 3...
13 Nov 2019     Views:2611
COOKING UP A LEGALLY PROTECTED MEAL: A study on IP...
13 Nov 2019     Views:1134
Justice Sharad Arvind Bobde To Be The New CJI From...
31 Oct 2019     Views:1474
UK Supreme Court Declares Prorogation Of Parliamen...
29 Sep 2019     Views:856
Right To Access Internet Is Part Of Right To Priva...
23 Sep 2019     Views:934
No Attempt Made To Frame Uniform Civil Code Despit...
19 Sep 2019     Views:896
A Legal Giant Named Ram Jethmalani Finally Passes ...
09 Sep 2019     Views:686
Judicial Service – HC Can’t Modify/Relax Instr...
02 Sep 2019     Views:658
Government Notifies Strict Provisions Of Motor Veh...
31 Aug 2019     Views:729
NDPS: Reverse Burden Of Proof Does Not Absolve Pro...
30 Aug 2019     Views:1446
Institutional Independence, Financial Autonomy Int...
28 Aug 2019     Views:689
A Legal Luminary And A Political Stalwart Passes A...
25 Aug 2019     Views:722
Allahabad HC Bans DJs And Passes Directions For Re...
24 Aug 2019     Views:622
Delhi HC Refuses Anticipatory Bail To P Chidambara...
23 Aug 2019     Views:853
Chidambaram Getting No Respite From Courts...
23 Aug 2019     Views:602
Domestic Violence And Dowry Accused Set Free By Th...
22 Aug 2019     Views:3246
Bombsy HC: Treat every citizen with dignity...
20 Aug 2019     Views:3231
Integration Of J&K With India Is Now Full And Fina...
20 Aug 2019     Views:1150
Second Appeal Not To Be Dismissed Merely On The Gr...
18 Aug 2019     Views:817
Judge Can Recuse From A Case At His Own Volition, ...
17 Aug 2019     Views:896
Don't politicize demolition of temples: SC...
16 Aug 2019     Views:3241
Madras Christian College - female students sexuall...
16 Aug 2019     Views:3094
Charged for employing triple talaq...
16 Aug 2019     Views:1352
Earlier Convicted now Acquitted - Lack of Conclusi...
15 Aug 2019     Views:1278
MACAD Scheme to be enforced in Tamil Nadu - 1st Oc...
15 Aug 2019     Views:1254
Filing Of Criminal Complaint For Settling Civil Di...
15 Aug 2019     Views:935
End Discrimination: Equalize legal age of Marriage...
14 Aug 2019     Views:761
Madras HC issues directions upon Officers to check...
14 Aug 2019     Views:740
BOMBAY HC to Civic Bodies: "Own up to your respons...
14 Aug 2019     Views:718
Infringement of Registered TM "Vistara" - Threat t...
13 Aug 2019     Views:980
US Citizen approaches Bombay High Court After Bein...
13 Aug 2019     Views:885
Normalcy need not be restored in J&K instantly : S...
13 Aug 2019     Views:770
Prohibitory Steps taken against Students for Consu...
13 Aug 2019     Views:803
Basic Amenities to Traffic Personnel ...
12 Aug 2019     Views:642
Madras HC upholds the appointment notification of ...
12 Aug 2019     Views:791
Plea against E-pharmacies struck down by Bombay HC...
12 Aug 2019     Views:735
Parliament Rightly Makes Triple Talaq Criminal But...
12 Aug 2019     Views:680
No Tax Deduction from Motor Accident Compensation ...
11 Aug 2019     Views:733
Delhi HC: Plant 50 Trees, Quash Criminal Proceedin...
11 Aug 2019     Views:677
Iyal Isai Nataka Mandram should abide by the time ...
11 Aug 2019     Views:938
Transitory Committee to be formed for Indian Arche...
11 Aug 2019     Views:695
Outlawing Of Triple Talaq Is Highly Commendable...
11 Aug 2019     Views:730
Daring Resolve Taken By Centre On Jammu And Kashmi...
10 Aug 2019     Views:648
M Kavitha’s suspension to be reviewed...
09 Aug 2019     Views:959
SC: Adverse Possession owing to Title over Propert...
09 Aug 2019     Views:741
Regulation of Online streaming contents out of the...
09 Aug 2019     Views:784
Constitution Cannot Be Above Country Come What May...
09 Aug 2019     Views:697
Ocean waves to be our new energy source...
08 Aug 2019     Views:772
Delhi HC: Simple language to be incorporated in FI...
08 Aug 2019     Views:981
THE HIGH COURT OF KARNATAKA ASKED THE GOVERNMENT T...
08 Aug 2019     Views:731
Victim Has A Right To Assist The Court In A Trial ...
08 Aug 2019     Views:2066
Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:872
SC Denies Permission to Conduct DNA Tests...
07 Aug 2019     Views:803
Whatsapp's fight against interference with User-Pr...
07 Aug 2019     Views:701
Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:744
High Court of Karnataka set aside the retirement o...
07 Aug 2019     Views:881
Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:801
History-sheeter kidnaps and rapes a College Studen...
06 Aug 2019     Views:812
No Room For Sympathy While Sentencing Terror Convi...
06 Aug 2019     Views:605
Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:977
Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:714
Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:922
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:785
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
03 Aug 2019     Views:987
Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:715
Special Olympics International Football Championsh...
03 Aug 2019     Views:705
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:1215
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:846
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:1044
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:748
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:716
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:694
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:4830
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:1187
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:679
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:687
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:811
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:599
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:747
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:698
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1054
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1272
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:683
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:730
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:611
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:1053
Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:593
UAPA: SC Dismisses PFI Leader’s Plea Seeking Dis...
02 Jul 2019     Views:831
How To Record The Evidence Of Deaf And Dumb Rape V...
01 Jul 2019     Views:1292
Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:1529
Enact Strict Law To Ensure Personal Safety Of Doct...
26 Jun 2019     Views:1411
Mere Aggressive Behaviour Of Wife Not A Ground Of ...
26 Jun 2019     Views:1631
Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:667
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:758
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:2129
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:1651
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:995
Solitary Confinement Of Death Convict Prior To Rej...
20 May 2019     Views:1366
Section 498A & 306 IPC: Incidents Which Happened M...
20 May 2019     Views:4263
Why Should UP Have Least High Court Benches In Ind...
20 May 2019     Views:726
Successive Bail Applications Should Be Placed Befo...
20 May 2019     Views:6445
“Drop This Episode From Your Minds And Gossips...
20 May 2019     Views:735
Is The Criticism Of In-House Procedure Justified?...
20 May 2019     Views:880
Mere Pendency Of Civil Case Between Complainant An...
20 May 2019     Views:746
Section 482 CrPC: HC Should Assign Reasons As To W...
20 May 2019     Views:1956
Delhi High Court Directs Government To Set Up 18 F...
20 May 2019     Views:716
No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:722
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:2272
Nations Must Make Gun Laws More Stricter...
04 Apr 2019     Views:2820
SC Designates 37 Lawyers As Senior Advocates...
04 Apr 2019     Views:3807
Adding Additional Accused: To Invoke Section 319 C...
04 Apr 2019     Views:4432
SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
04 Apr 2019     Views:934
P&H HC Directs Protection Of Honest Officers While...
04 Apr 2019     Views:797
Death Sentence Can Be Imposed Only When Life Impri...
19 Mar 2019     Views:1382
Islamabad High Court Rejects Plea Against Release ...
19 Mar 2019     Views:1404
Lawyers Resort To Seek Unnecessary Adjournments Am...
19 Mar 2019     Views:1460
Even Poem Can Help Save A Death Convict From Gallo...
19 Mar 2019     Views:1368
Educated Woman Supposed To Be Fully Aware Of Conse...
19 Mar 2019     Views:778
Jammu and Kashmir HC Upholds PM’s Employment Pac...
19 Mar 2019     Views:1069
Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:1690
Mere Inability To Repay Loan Does Not Constitute C...
23 Feb 2019     Views:1981
Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:1797
Punjab & Haryana HC Issues Slew Of Directions To C...
23 Feb 2019     Views:2071
Court Has to Confine Itself To The Four Corners Of...
23 Feb 2019     Views:887
Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:840
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:1869
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:1571
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:2267
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:1473
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:1647
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:1863
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:1141
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:1320
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
23 Jan 2019     Views:1416
Mere Allegations Of Harassment Without Proximate P...
23 Jan 2019     Views:1834
Legal Article Why Should They Speak Lies: Decease...
23 Jan 2019     Views:967
Can a Economic offender can escape by surrendering...
22 Jan 2019     Views:775
NCW is a Lame Duck or Legal Guardian for women...
22 Jan 2019     Views:734
Mutual Consent Divorce Procedure in Chennai Family...
21 Jan 2019     Views:3627
Quick Divorce in India...
21 Jan 2019     Views:797
4 Important things to file Divorce in Chennai...
21 Jan 2019     Views:898
How to get Divorce for Muslim Men ...
21 Jan 2019     Views:9760
Offences Under Section 307 IPC Can’t Be Quashed ...
17 Jan 2019     Views:2277
Suspicion, Howsoever Grave, Can’t Substitute Pro...
17 Jan 2019     Views:818
Delhi HC Rejects AJL's Plea Against Centre's Order...
03 Jan 2019     Views:1598
1984 Anti-Sikh Riots: Delhi HC Awards Life Term To...
03 Jan 2019     Views:1429
SC Dismisses Petitions Seeking Probe Into Rafale D...
20 Dec 2018     Views:1683
Executive Magistrate Cannot Direct Police To Regis...
20 Dec 2018     Views:2123
Why Lawyers Of West UP Are Compelled To Strike Fre...
20 Dec 2018     Views:1010
recheck...
19 Dec 2018     Views:1252
1984 Anti-Sikh Riots – Delhi HC Upholds Convicti...
12 Dec 2018     Views:1214
Why Lawless West UP Has No High Court Bench?...
11 Dec 2018     Views:1256
Bombay HC Quashes Government Resolution Making It ...
26 Nov 2018     Views:1518
SLP Against Death Sentence Shall Not Be Dismissed ...
26 Nov 2018     Views:1553
SC Allows Live-Streaming Of Public Proceedings In ...
26 Nov 2018     Views:1394
Sexual Offenders Registry For Law Enforcement Agen...
26 Nov 2018     Views:1325
Delhi HC Sentences 16 Policemen To Life Imprisonme...
26 Nov 2018     Views:825
Men Too Have Right Not To Be Defamed And Denounced...
26 Nov 2018     Views:741
Courts Have To Adequately Consider Defence Of The ...
26 Nov 2018     Views:805
CJI Ranjan Gogoi Demonstrates His Firm Resolve And...
26 Nov 2018     Views:742
SC Issues Directions On Examination Of Witnesses I...
26 Nov 2018     Views:1399
Aadhaar Held Mandatory For Government Subsidies An...
26 Nov 2018     Views:1019
Legal Article Now Bar Council ID Card Is Valid Id...
01 Nov 2018     Views:1724
SC Sets Deadline On Sale Of BS-IV Vehicles; Says H...
01 Nov 2018     Views:1663
Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:2842
There Cannot Be Any Mechanical Denial Of Appointme...
23 Oct 2018     Views:1991
Rights Of Accused Far Outweigh That Of Victims, Ne...
23 Oct 2018     Views:986
SC Strikes Down 158 Year Old Adultery Law Under Se...
23 Oct 2018     Views:1615
Extra-Judicial Confession Of Accused Need Not In A...
23 Oct 2018     Views:1173
Leaders Of Outfits Calling For Mob Violence Liable...
23 Oct 2018     Views:983
Section 377 IPC Decriminalised Partially By Supre...
23 Oct 2018     Views:1274
New CJI Ranjan Gogoi Is Determined To Ensure Sweep...
23 Oct 2018     Views:1407
Court Must Not Go Deep Into The Matter While Consi...
26 Sep 2018     Views:1558
Reputation Of An Individual Is An Insegregable Fac...
26 Sep 2018     Views:1984
Sec. 498A IPC: Only HC Can Quash Cases On Settleme...
18 Sep 2018     Views:3151
Punjab & Haryana HC Orders Rape Convict, Mother To...
17 Sep 2018     Views:1744
Bombay HC Imposes Cost Of Rs 50K On Petitioner Fir...
17 Sep 2018     Views:1020
Uttarakhand HC Dismisses “Contempt Petition” A...
14 Sep 2018     Views:1126
SC Stresses On Need To Develop And Recognize ‘De...
08 Sep 2018     Views:1069
Mirchpur Dalit Killings: “Atrocities Against SCs...
08 Sep 2018     Views:1175
SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:1451
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:2223
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1033
Uttarakhand HC Issues Directions For Conserving ...
28 Aug 2018     Views:1626
12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:1230
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:985
Special Squad, Police Patrolling Every 24 Hours To...
20 Aug 2018     Views:1064
NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1069
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:1223
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:1258
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:1098
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:1551
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:1416
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1127
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1009
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1089
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:2220
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:1995
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:2341
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:1561
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:925
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:865
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:1070
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:965
Why Centre is Providing Security For Separatists B...
23 Jul 2018     Views:1098
Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
05 Jul 2018     Views:3245
Every Indian Should Salute Brave Soldier Aurangzeb...
05 Jul 2018     Views:2128
Uttarakhand HC Issues Directions To Curb Drug Pedd...
05 Jul 2018     Views:1729
Have A Functional National Law University Within 3...
05 Jul 2018     Views:1425
Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:834
Cancel Licences of Drivers Using Cell Phones; Helm...
05 Jul 2018     Views:769
Uttarakhand High Court Puts Restrictions On Noise ...
05 Jul 2018     Views:840
Supreme Court To Look Into Validity Of Amended Law...
05 Jul 2018     Views:868
Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:1253
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:1293
Free Mentally Ill Children And Formulate Policies ...
11 Jun 2018     Views:1696
Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:2031
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:1427
Why BJP Will Be Wiped Out In West UP And UP?...
06 Jun 2018     Views:1578
Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1023
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:869
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:866
Probation Period To Count For New Civil Servants B...
01 Jun 2018     Views:2332
SC Women Lawyers Association Seeks Chemical Castra...
01 Jun 2018     Views:841
SC Finally Steps In To Expedite POCSO Cases...
01 Jun 2018     Views:1633
UP Former CMs Can’t Stay In Govt Bungalows: SC...
01 Jun 2018     Views:795
Make BCCI A Public Body: Law Panel...
01 Jun 2018     Views:876
Self-Styled Godman Asaram Awarded Life Until Death...
01 Jun 2018     Views:900
Why Cases Withdrawn Against Stone Pelters In Kashm...
01 Jun 2018     Views:986
A High Court Bench For West UP In Meerut Is Impera...
01 Jun 2018     Views:1067
People Of Karnataka Should Worship Congress...
01 Jun 2018     Views:1121
Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:867
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:911
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:774
Will Electoral Bonds Usher In Transparency?...
19 Feb 2018     Views:774
How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:843
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:1084
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:846
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:814
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:1804
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:856
Female Foeticide Must Be Punished Most Strictly...
10 Feb 2018     Views:811
Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:769
New Consumer Protection Bill 2018 Will Entail More...
10 Feb 2018     Views:781
CJI Brings Out A Roster To Allot Cases...
10 Feb 2018     Views:1327
Five Year Jail Term For Lalu In Third Fodder Scam ...
10 Feb 2018     Views:867
SC Quashes All The 88 Mining Leases In Goa...
10 Feb 2018     Views:862
Prevention Of Money Laundering Act -2002 (PMLA-20...
07 Feb 2018     Views:760
Prevention Of Money Laundering Act-2002 Amended ...
04 Feb 2018     Views:1149
Prevention Of Money Laundering Act -2002 --U/S 45(...
03 Feb 2018     Views:1054
Prevention Of Money Laundering Act-2002 (P...
16 Jan 2018     Views:853
humanity...
13 Jan 2018     Views:779
Prevention Of Money Laundering Act-2002 PMLA...
13 Jan 2018     Views:808
Right to Know...
05 Jan 2018     Views:1101
A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
29 Dec 2017     Views:1355
Enviornment protection is for saving universe...
28 Dec 2017     Views:812
RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
26 Dec 2017     Views:922
PROBLEMS WITHIN THE EXISTING POLICE SYSTEM...
26 Dec 2017     Views:838
LEGALITY : LEGALITY OF MARITAL RAPE...
26 Dec 2017     Views:1509
RIGHT TO PRIVACY AND DIRECTION FOR MANDATORY AADHA...
26 Dec 2017     Views:985
THE PARADOX OF PLEA BARGAINING...
26 Dec 2017     Views:1482
JOURNEY OF EVMs AMIDST CONTROVERSIES ...
26 Dec 2017     Views:890
UIDAI suspends Airtel, Airtel Payments and Banks e...
26 Dec 2017     Views:1165
2G Scam : The 2G Scam and much more...
26 Dec 2017     Views:1336
Kerala teen surveillance case: Invasion of Privacy...
26 Dec 2017     Views:986
Motherhood or Employment- the judicial perspective...
26 Dec 2017     Views:849

Most Read Articles

  • Relationship between International Law and Municipal Law
    On 18 Apr 2020    Views:50846
  • Once a mortgage, always a mortgage
    On 23 Apr 2020    Views:41307
  • Montesquieu’s Theory of Separation of Powers: How it has been adopted in India
    On 10 Dec 2019    Views:30437
  • Why Indian Constitution is called Quasi-federal?
    On 08 Apr 2020    Views:26985
  • How is Absolute Liability different from Strict Liability?
    On 09 Apr 2020    Views:23958
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1127 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.