AB Coaching Centre was a popular CLAT coaching academy with several good trainers A lot of aspirants...........

Legal Reasoning Others

Article20. Protection in respect of conviction for offences

1-No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence

2-No person shall be prosecuted and punished for the same offence more than once

3- No person accused of any offence shall be compelled to be a witness against himself.

The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.

A violation of a legal right of someone, whether results in a legal injury or not, gives rise to an action in tort for compensation. At the same time, an action by someone, which results in some loss or damage to somebody else is not actionable, if there is no violation of a right of that somebody.

AB Coaching Centre was a popular CLAT coaching academy with several good trainers. A lot of aspirants used to attend its coaching classes from all over and was making good profit. This was going on for the past several years. During a session, T, one of the very good and popular trainers of ABCC, had some difference of opinion with the owner of ABCC and left the coaching centre. In August 2020, T started another Entrance Coaching Centre closer to ABCC which resulted in a substantial drop in its students and huge financial loss. The owner of ABCC wants to file a case against T for the loss sustained by ABCC. What do you think is the right legal position?

T has not violated any of ABCC’s legal right though they sustained some financial loss, and not legally bound to compensate ABCC.

T will be liable to compensate the loss to ABCC.

T started the new coaching centre near ABCC intentionally, and shall be liable to compensate the loss of ABCC.

‘T’ should have consulted ABCC before starting his coaching centre.