Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1973--Sections 53 & 53A Tamil Nadu Recognized Private Schools (Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Education: Tamil Nadu Recognized Private Schools (Regulation) Act, 1973-Sections 53 & 53A-Settlement of dispute as to "educational agency" under the Act in relation to a private school-Issue as to whether the plaintiffs or the defendants were "educational agencies"-Jurisdiction of Civil Court-Held: Not barred-Code of Civil Procedure, 1908-Section 9-Maxims-Maxim 'ubi jus ibi remedium' Code of Civil Procedure, 1908 : Cause of action-Meaning of-Held: It is a bundle of facts which taken with law applicable to them gives plaintiff a right to relief against the defendant-It must include some act done by the defendant since in the absence of such an act no cause of action can possibly accrue-It is not limited to the actual infringement of the right sued on but includes all the material facts on which it is founded Section 11-Doctrine of 'res judicata '-Object and purport of-Held: ls to uphold the rule of conclusiveness of judgement, as to the points decided earlier of fact, or of law, or of fact and law, in every subsequent suit between the same parties-The doctrine is conceived not only in larger public interest but also founded on equity, justice and good conscience. In a suit filed by First Appellant, a question arose as to whether the First Appellant or the the First Respondent was the 'educational agency' in terms of the provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973. The suit was dismissed on the finding that the First Appellant was an agent of the First Respondent and that the First Respondent was the owner and educational agency of the Schools in question. Successive appeals there against as also review petition were dismissed. Meanwhile during pendency of the proceeding before High Court, the First Respondent had filed a suit against the Appellants and 13 others for a declaration that it was the absolute owner and the 'educational agency' in respect of the institutions mentioned. The suit was decreed on the premise that the finding in the earlier suit holding the First Appellant to be an agent of First Respondent was binding upon the Appellants, hence the same would attract the principle of res judicata. In appeal to this Court, the question which arose for consideration is whether the jurisdiction of Civil Court was barred in view of Sections 53 and 53A of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, and the judgement passed in the earlier suit was a nullity, and consequently the principle of res judicata had no application. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 205 |
Petitioner | Swamy Atmananda And Ors. |
Respondent | Sri Ramakrishna Tapovanam And Ors. |
SCR | [2005] 3 S.C.R. 556 |
Judgement Date | 2005-04-13 |
Case Number | 2395 |
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