19 March 2024 Business Laws >> Business & Commercial Law   |   Education >> Miscellaneous  

A Mumbai court recently quashed charges against a former Dean in a dispute over alleged cheating and misappropriation of funds by a management institute. The institute, International Institute of Events and Management Studies (IIEMS), was accused of offering a course without proper university affiliation and charging students unapproved fees.

The University of Mumbai, the Complainant in the case, had filed a criminal complaint against IIEMS and its directors. One of the directors named in the complaint, Rajendra Savla, who served as the Dean of IIEMS, challenged the charges against him.

Savla argued that he was not a partner or director of the institute but simply a Dean who volunteered his services. He further emphasized that there was no evidence of him being personally involved in the alleged crimes of charging extra fees and failing to remit university dues.

The court, after examining the arguments and evidence presented, agreed with Savla. The judge pointed out that the university mistakenly assumed Savla to be a director and that the complaint lacked specific allegations against him regarding the alleged offenses. The court also highlighted that vicarious liability, which can hold someone responsible for the actions of others under their control, could not be applied in this case without proper evidence of Savla's direct involvement.

As a result, the court quashed the charges against Savla, effectively preventing him from being prosecuted for these alleged offenses. The case, however, will continue against the remaining accused directors of IIEMS.

This case highlights the importance of clear evidence and proper identification of accused parties in legal proceedings. It also underscores the limitations of vicarious liability and the need for specific allegations to hold someone accountable for the actions of others.

  STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985