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Vibgyor High School vs Through on 16 September, 2011 cites

Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977

Similarly the argument of the petitioners that the reasons have been supplemented by fresh reasons in the shape of affidavits or otherwise cannot be taken into account considering the dictum of the Apex Court in the case of Commissioner Of Police, Bombay vs Gordhandas Bhanji [ (1952) SCC 16 para 11], and in the case of Mohinder Singh Gill v. Chief Election Commissioner [ (1978) 1 SCC 405 para 8 ]. Even this grievance of the petitioners will have to be discarded as we are inclined to take the view that the order of the Deputy Director will have to be understood as one passed in exercise of powers under Section 6 of the Act to ascertain whether there has been any contravention of the provisions of the Capitation Fee Act. The opinion of the Deputy Director can be ascribed to Section 6 of the Act of 1987 which, for all practical purposes, has taken the view that the petitioner-educational institution ::: Downloaded on - 09/06/2013 17:44:47 ::: 74 191909 cannot claim reimbursement of the expenses incurred by it towards buildings rent in the sum of Rs. 2.5 cores, having failed to substantiate that claim by producing certificate of reasonableness of rent issued by the Executive Engineer. He has, therefore, re-worked the fee structure by excluding the amount towards buildings rent incurred by the petitioner-school, as not capable of being recovered from its students -
Supreme Court of India Cites 56 - Cited by 4221 - V R Iyer - Full Document

Dr. Smt. Kuntesh Gupta vs Management Of Hindu Kanya ... on 25 September, 1987

52. The petitioners had argued that there is intrinsic material to suggest that the impugned communication dated 3.7.2009 sent by ::: Downloaded on - 09/06/2013 17:44:47 ::: 75 191909 respondent No.2 - Deputy Director was nothing but tentative view expressed by him subject to finalization. However, the respondent No. 2 Deputy Director unilaterally proceeded on the basis that the said communication was his final decision due to pressure brought by the parents. To legitimize the said fallacy, the respondent No.2 issued another communication dated 4.9.2009 that the fees determined in his earlier communication dated 3.7.2009 has been treated as final for the reason stated therein. In this context, it was argued that respondent No. 2 exercised the power of review which he did not have in law. Reliance has been placed on the decision in the case of Dr. (Smt.) Kuntesh Gupta Vs. Management of Hindu Kanya Mahavidyalaya, Sitapur (UP) and others [ (1987) 4 SCC 525 para-11], and in the case of Kalabharati Advertising Vs. Hemant Vimalnath Narichania and others [ (2010) 9 SCC 437 paras-12 to 14 ]. In the first place, if the Court were to accept the former contention of the petitioners that the impugned communication dated 3.7.2009 was only a tentative opinion expressed by respondent No.2, the argument that the effect of communication dated 4.9.2009 issued by him was resorting to review becomes unavailable. Further, it is not necessary to dwell upon the disputed factual assertion that the opinion expressed by respondent No. 2 Deputy Director in his impugned communications was issued under ::: Downloaded on - 09/06/2013 17:44:47 ::: 76 191909 dictation or influence of the parents. On perusal of the impugned communication dated 3.7.2009, it is noticed that insofar as respondent No.2 - Deputy Director is concerned, he has expressed his opinion regarding the claim of the petitioner's school in respect of buildings rent. He further observed that the said opinion was to be given effect subject to the decision of the committee constituted by the State. In the communication dated 4.9.2009 respondent No.2 has noted that no committee has been constituted by the State and for which reason the views expressed by him in his communication dated 3.7.2009 be given effect to. Understood thus, the grievance of the petitioners under consideration is devoid of merits.
Supreme Court of India Cites 5 - Cited by 371 - M M Dutt - Full Document

Kalabharati Advertising vs Hemant Vimalnath Narichania & Ors on 6 September, 2010

52. The petitioners had argued that there is intrinsic material to suggest that the impugned communication dated 3.7.2009 sent by ::: Downloaded on - 09/06/2013 17:44:47 ::: 75 191909 respondent No.2 - Deputy Director was nothing but tentative view expressed by him subject to finalization. However, the respondent No. 2 Deputy Director unilaterally proceeded on the basis that the said communication was his final decision due to pressure brought by the parents. To legitimize the said fallacy, the respondent No.2 issued another communication dated 4.9.2009 that the fees determined in his earlier communication dated 3.7.2009 has been treated as final for the reason stated therein. In this context, it was argued that respondent No. 2 exercised the power of review which he did not have in law. Reliance has been placed on the decision in the case of Dr. (Smt.) Kuntesh Gupta Vs. Management of Hindu Kanya Mahavidyalaya, Sitapur (UP) and others [ (1987) 4 SCC 525 para-11], and in the case of Kalabharati Advertising Vs. Hemant Vimalnath Narichania and others [ (2010) 9 SCC 437 paras-12 to 14 ]. In the first place, if the Court were to accept the former contention of the petitioners that the impugned communication dated 3.7.2009 was only a tentative opinion expressed by respondent No.2, the argument that the effect of communication dated 4.9.2009 issued by him was resorting to review becomes unavailable. Further, it is not necessary to dwell upon the disputed factual assertion that the opinion expressed by respondent No. 2 Deputy Director in his impugned communications was issued under ::: Downloaded on - 09/06/2013 17:44:47 ::: 76 191909 dictation or influence of the parents. On perusal of the impugned communication dated 3.7.2009, it is noticed that insofar as respondent No.2 - Deputy Director is concerned, he has expressed his opinion regarding the claim of the petitioner's school in respect of buildings rent. He further observed that the said opinion was to be given effect subject to the decision of the committee constituted by the State. In the communication dated 4.9.2009 respondent No.2 has noted that no committee has been constituted by the State and for which reason the views expressed by him in his communication dated 3.7.2009 be given effect to. Understood thus, the grievance of the petitioners under consideration is devoid of merits.
Supreme Court of India Cites 32 - Cited by 507 - B S Chauhan - Full Document
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