Dismissed

Parent'S Association of Medical Students - Maharashtra v. Director General of Income-Tax (Inv),Pune and Ors.

Bombay HC7 Jun 2019PIL/82/2006

Case brief

AI extract

What is this about?

This PIL concerned allegations of money laundering by certain medical college trusts. The court terminated the petition and discharged the notice, citing the lack of freshness in the grievance despite prior counter-affidavits filed in 2007.

What did the court decide?

Public Interest Petition terminated by discharging the notice.

Parent'S Association of Medical Students - Maharashtra Vs Director… — Corruption | Bombay HC (2019)

¶1

(16) PIL 82-06

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

Amk

¶4

PUBLIC INTEREST LITIGATION NO. 82 OF 2006

¶5

Parent’s Association of Medical Students, Maharashtra .. Petitioner Vs. Director General of Income-Tax (INV) Pune & Ors. .. Respondents

¶6

Mr. L. M. Acharya for the Petitioner. Mr. Nisha Mehra, AGP for Respondent Nos.3 & 18. Mr. Ganesh Gole for Respondent No.6-MCI. Mr. Prabhakar Jadhav i/b Mr. V. P. Sawant for Respondent Nos.11 & 12.

¶7

CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J. DATE : 7 th JUNE, 2019.

¶8

P. C. :

¶9

Case pleaded in the Public Interest Petitions is that Respondent Nos.7 to 18 are Trusts which have established medical colleges. Some of them are affiliated to State Universities and some of them have independent status of deemed universities. It is pleaded that in the month of July-August, 2005 Income Tax Department conducted raids and recovered incriminating documents showing money laundering and tax evasion. It is pleaded that from the documents seized siphoning of funds emerged. Grievance is to the Income Tax Department not taking

¶10

1/2

¶11

(16) PIL 82-06

¶12

the raids to their logical conclusion and to the continued approval to the private Respondents to continue education in the field of medicines and the deemed Universities status granted to Respondent Nos.7 to 18.

¶13

The response filed by the Income Tax Authority brings out that after the raids were conducted, the documents seized were processed, notices required were issued and assessment order was passed concerning the private Respondents. Response filed to the right to continue to impart education is that after evaluating the infrastructure available and as per policy, it being found that the entitlement for grant of deemed Universities status was as per law.

¶14

To the counter affidavits which were filed way back in the year 2007, no rejoinder has been filed by the Petitioner.

¶15

A Public Interest Litigation cannot be pursued at the pleasure of the Petitioner and thus keeping in view the reply we terminate the Public Interest Petitions by discharging the notice.

¶16

Public Interest Petition is disposed of accordingly.

¶17

[N. M. JAMDAR, J.] [CHIEF JUSTICE]

¶18

2/2

Parent'S Association of Medical Students - Maharashtra v. Director General of Income-Tax (Inv),Pune and Ors.

Case brief

What is this about?

What did the court decide?

Parent'S Association of Medical Students - Maharashtra v. Director General of Income-Tax (Inv),Pune and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dhananjay Vithal Gawade Vs the Principal Secretary/Secretary, Ministry of Power and Energy State of Maharashtra and Ors.

Human Rights Protection and Awarenaess Pune through President and Anr. Vs Union of India Thorugh the Secretary and Ors.

Datta Murlidhar Waghmare Vs State of Maharashtra, Ministry of Revenue and Ors.

Charan Ravindra Bhatt Vs Vasai Virar Municipal Corporation and Anr.

Shri. Vijay Mahadev Kaparekar and Anr. Vs State of Maharashtra through Secretary and Ors.

Baban Raoji Chaudhari Vs the State of Maharashtra and Others

Vitthal S/O. Mahadeorao Gawande Vs the State of Maharashtra through Secretary, Forest and Revenue Dept. and Others

Siyaram S/O Gondusao Sivane Vs State of Maharashtra, Food and Civil Supply Dept. Thr. Its Secretary, Mumbai and Others

Satyanaryan Agrawal and 3 Ors. Vs Kamla Homes and Lifestyle Pvt.Ltd. and Anr.

Shri Sharad Ganpat Gaikwad Vs Dr. Babasaheb Ambedkar Education Society and 3 Ors.

Kit'S College of Engineering and Anr. Vs Mrs. S.S. Adure and Ors.

Twenty First Century Finance Limited and Anr. Vs Moorgate Industries India Private Limited (Erstwhile Stemcor India Private Limited) and 2 Ors.

Malvani-Radhakrishna Sahakari Grihanirman Sanstha(Niyojit) Vs the State of Maharashtra and 6 Ors.

Charkop Jyotirmay Sahakari Grihanirman Sanstha Maryadit Vs the State of Maharashtra and 6 Ors.