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India Case Law

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Administrative law

INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH (ICSSR) versus NEETU GAUR & ORS.

The Court held that ICSSR was justified in withholding grants to CRRID in light of enquiries and committee findings of anomalies and non-compliance with Grant-in-Aid Rules; ICSSR's grant-making is discretionary under its rules permitting withholding or recovery on violation; the presence of nominees and grant funding does not amount to 'deep and pervasive' State control of CRRID under Article 12; there is no employer-employee relationship between ICSSR and CRRID employees, and CRRID must pay withheld salaries from its own resources, failing which ICSSR may withhold future grants.

  • Grant-in-aid
  • Deep and pervasive control
  • Article 12 (instrumentality of the state)
  • Withholding of grants
  • Employer-employee relationship
  • Societies registration act, 1860
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Society law

LALIT KUMAR MODI versus BOARD OF CONTROL FOR CRICKET IN INDIA AND ORS.

The Disciplinary Committee was validly constituted under Rule 1(q) in view of the necessity arising from the President’s recusal. The mere apprehension of institutional bias without evidence of real danger does not warrant interference. Extensions and refusal to recuse by members was valid; law and society rules do not contemplate a vacuum and permit substitution.

  • Constitution of disciplinary committees
  • Doctrine of necessity
  • Institutional bias
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Civil procedure

SHRI RAM CHANDRA MISSION & ANR. versus P. RAJAGOPALACHARI & ORS.

Effect of earlier suit and withdrawal must be considered; withdrawal wipes out proceedings including judgments and prevents those findings from constituting res judicata in pending litigation; pending suit to be decided within six months.

  • Withdrawal of suit
  • Spiritual heirship
  • Injunction
  • Election versus nomination under societies registration act
  • Res judicata
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Civil procedure

D. DWARAKANANTHA REDDY versus CHAITNYA BHARATHI EDUCATIONAL SOCIETY AND ORS.

Interim injunction was correctly refused because the appellants failed to establish a prima facie case that they had been legally inducted as Promoter-Members; payment of Rs.1 lakh was not made as required prior to admission, and subsequent payment without informing the Society does not confer membership rights; no error by trial or appellate courts.

  • Interim injunction
  • Membership of registered societies
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.