prof s c pratihar (medical practitioner &legal studies) 04 July 2009
dear members, somebody asked me whether the capitation money paid by him for medical education of his son paid ten years back be recovered by suit?few lacs paid by dd.to me it seems it is more than three years and time barred to file a money suit.how this money can be recovered legally?
N.K.Assumi (Advocate) 05 July 2009
Dear prof.S.C.Pratihar, please refer to the case of Mohini Jain Case: (1992) 3 SCC 666. In fact we were discussing that in the forum and thanks to Shree, for his contributions.
prof s c pratihar (medical practitioner &legal studies) 05 July 2009
Pankaj Rai (Lawyer) 05 July 2009
Dear sir, In Miss . Mohini Jain v/s State of Karnataka & Oth.(1992) INSC 184 ((30 July,1992) case, Apex court quashed para 1(d) and 1(c) of the Karnataka State Govt. notification dated June 5,1989, and make it clear that this judgement shall be applicable to the care of foreign students and students who are non resident Indians and be operative prospectively.
The above mentioned ruling is not applicable .Your case is time barred .
prof s c pratihar (medical practitioner &legal studies) 14 July 2009
prof s c pratihar (medical practitioner &legal studies) 18 July 2009
cause of action arose fromthe date of last reminder for repayment.needs some discussion regarding construction of the plaint.kindly cast some light ,requested to sr members.
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