Punjab and Haryana High Court - The Legal Chamber

Supreme Court Rules: Private Schools Can Sue in Civil Court to Recover Unpaid Fees

5Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Private Schools Can Sue in Civil Court to Recover Unpaid Fees

The Supreme Court held that the civil courts retain jurisdiction to adjudicate fee recovery suits filed by unaided private schools, as there is no express or implied ouster of jurisdiction under the Haryana School Education Act and Rules. The statutory remedy before the Fee and Fund Regulatory Committee is available only to parents/students to challenge excessive fees, not to schools for recovery. Facts Of The Case: The appellant, Apeejay School, an unaided private institution, filed suits for recovery of fees against students and their parents. The dispute arose from a fee hike implemented by the school for the academic year 2009-10, which the respondents refused to pay, continuing instead to remit only the pre-hike amount. The school's suits were initially decreed by the trial court. W...

Supreme Court Reinstates Drug Case: Acquittal Based on “Same Informant-Investigator” Rule Overturned

The Supreme Court held that an investigation is not automatically vitiated solely because the informant and investigator are the same. This procedural irregularity must be examined on a case-specific basis for bias. The Court overruled the contrary precedent in Mohan Lal and restored the matter for a merits-based hearing. Facts Of The Case: Based on the secret information received on September 20, 2009, police intercepted a truck. The respondent, Gurnam @ Gama, was found sitting on a stack of bags in the cargo area, while the other respondent, Jaswinder Singh, was driving the vehicle. Upon search, the authorities recovered a significant quantity of 750 kilograms of poppy husk along with two motorcycles. Consequently, FIR No. 221 of 2009 was registered under the relevant sections of the N...

Supreme Court Clarifies Limits of Section 482 CrPC Powers :High Courts Can’t Revive Quashed FIRs After Compromise

The Supreme Court ruled that High Courts cannot revive quashed FIRs under Section 482 CrPC after parties have reached a lawful compromise, emphasizing the absolute bar under Section 362 CrPC against reviewing judgments except for clerical errors. It clarified that inherent powers cannot override statutory prohibitions, allowing recall only in cases of jurisdictional errors or abuse of process. The judgment reaffirmed that violation of compromise terms must be addressed through civil remedies, not criminal proceedings. The Court directed all High Courts to adhere to this settled legal position. Facts Of The Case: The case originated from a property dispute in Haryana, where an FIR (No. 432/2014) was registered under Sections 406 and 420 IPC against Raghunath Sharma and others for alleged ...