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Showing posts from January, 2025

Court says it's unfair for Private Institute to refuse for refund of fees and cannot retain advance fee.

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Read Time - 2 minutes. Case Analysis: FIITJEE Ltd. vs. Mr. Rajeev Luthra Background of the Case The dispute arose when Mr. Rajeev Luthra’s daughter enrolled in FIITJEE’s two-year classroom program for CAT preparation but discontinued after two months. The reason cited was her inability to manage the intense schedule of school and coaching, resulting in academic pressure. Mr. Luthra requested a refund of ₹1,34,015, which was the entire course fee paid in advance. FIITJEE denied the refund, referring to specific clauses in the enrollment agreement stating that fees once paid were non-refundable. Key Issues Was FIITJEE justified in retaining the entire two-year course fee despite the student discontinuing after two months? Whether the non-refundable fee clause in the enrollment agreement constituted an unfair trade practice? Did FIITJEE comply with the directions set by the Supreme Court I slamic Academy of Education and another versus State of  ...

SC Orders not to impose conditions which are irrelevant for exercise of power under provisions of Anticipatory Bail.

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SRIKANT KUMAR VS THE STATE OF BIHAR & ANR. 1. Facts: While considering the appellant's bail application, the High Court imposed a condition that the appellant should pay Rs. 4,000 per month as maintenance to the respondent. The appellant challenged this condition, arguing that it was irrelevant to the bail proceedings. 2. Court’s Observation: The Supreme Court agreed with the appellant's argument and held that imposing a maintenance payment as a bail condition was not warranted. The Court emphasized that bail conditions should focus on ensuring the appellant's presence for trial, not on unrelated matters like maintenance. 3. Final Decision: The Supreme Court quashed the maintenance condition imposed by the High Court but stated that the appellant must still remain available for trial. It directed the Trial Court to set appropriate bail conditions for the appellant.