Legal Question in Civil Litigation in India

Re: Injunction against educational institution

The question posed is not clear.The terms of the lease and it's purpose has to be seen, the nature of the suit also has to be seen and also it has to be seen whether the registered by-laws of the society permit the managing committee to lease out it's properties. Then only the question csn be answered properly. Rajendra Babbar, Advocate -Bhopal.

Re: Injunction against educational institution

This all depend on the Constitution of the Institution - whether a Trust or a Society or a Society also registered as a Trust. Further, the Law governing the Institition as per its Constitution and Bye-Laws and Regulations would decide the extent of powers of Managing Committe in that behalf. Unless that information is furnished, no definite opinion can be expressed on powers of managing committee

Re: Injunction against educational institution

The query is vague as it does not disclose the extent of property belonging to the institution, and how much of it was leased. It is not clear as to what was the nature of suit, and what were the grounds of challenge. Any injunction granted by any court must satisfy Order 39 CPC. The injunction can be applied for vacation or even appealed. The institution can plead that its decision was bonafide and not vitiated by fraud, and further that even after lease, sufficient land is available for the benefit of students as per government norms. The power to manage though absolute, does not include right to mismanage.