A bench of two judges disposed of a writ petition challenging provisions regarding capitation fees in Maharashtra educational institutions, dismissing it as nothing survived due to legislative abolition and a prior decision on the same.
Rule stands discharged with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1381 OF 1993
Charandas Megji & Ors. .. Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
--
Shri S.Shetye i/b Pandya Gandhi & Co. for the
petitioners.
None present for the respondents.
--
CORAM : R.M.S.KHANDEPARKAR &
V.M.KANADE, JJ.
DATED : 16th AUGUST, 2005.
P.C.
. Heard. The learned advocate appearing for the
petitioners has fairly conceded that in view of the
abolition of the proviso to Section 3(2) of the
Maharashtra Educational Institution (Prohibition of
Capitation Fees ) Act, 1987 and the decision delivered
by this Court in the Writ Petition No.1400 of 1993
dated 25th November, 2004, nothing survives in the
petition. The petition is accordingly disposed of in
terms of the observations made in the said decision
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dated 25th November, 2004 in the Writ Petition No.1400
of 1993. Rule stands discharged with no order as to
costs.
(R.M.S.KHANDEPARKAR, J)
( V.M.KANADE, J)
1 issue framed by the court
Whether the writ petition survives the abolition of the proviso to Section 3(2) of the Maharashtra Educational Institution (Prohibition of Capitation Fees) Act, 1987 and the decision in W.P. No.1400 o
Colour shows how this judgement treated each authority
Writ Petition No.1400 of 1993Referred¶13
Writ Petition No.1400 of 1993 dated 25th November, 2004
2 provisions across 2 enactments
Charandas Megji & Ors.
The State of Maharashtra & Ors.
R.M.S.KHANDEPARKAR
V.M.KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court