Panchayat Reconstitution – Constitution of New Panchayats – Article 243 and Section 4 of Maharashtra Village Panchayats Act, 1959 – Challenge to Notification Failed – The petitioners challenged the notification issued by the State Government creating two new Panchayats, Pinjarzadi and Panchmauli, by bifurcating Burudkhe Panchayat – The Court held that the State Govern...
Matrimonial Law – Divorce - Mental Cruelty – Concealment of Medical Condition – Grounds for Divorce – Held: Valid – The appellant-wife had pre-existing cyst and infertility issues, which she failed to disclose prior to marriage – Medical records and testimony established concealment – The Family Court correctly concluded that the deliberate non-disclosure ...
Labour Law - Employees’ Compensation – Course of Employment – Fall from Tree – Employment Relationship Established – Appellant contended that the respondent fell from a jackfruit tree while plucking fruit, not from a palm tree in the course of toddy tapping – Held: Based on the totality of evidence, including admission of the presence of a palm tree on the relev...
Sports Law – Anti-Doping Violation – Suspension Quashed – Petitioner, a national-level basketball player, challenged orders of provisional suspension, notice of charge, and penalty of 4-year ineligibility for anti-doping violation under Articles 2.1 and 2.2 of the National Anti-Doping Rules, 2021 – Urine sample tested positive for 19-norandrosterone (19-NA), a non-specified...
Patent Law – Amendment of Patent Claims – Method of Treatment to Product Claims – Amendment Rejected – Appellants sought to convert originally filed method-of-treatment claims into product claims for anticMet antibody-drug conjugates – The Court held that such conversion amounted to enlargement of claim scope, not permitted under Section 59(1) – Further held tha...
Civil Law – Mental Infirmity – Appointment of Guardian Ad Litem – Order 32 Rule 15 CPC – Independent Guardian Appointed - Plaintiffs sought medical examination and appointment of administrator/guardian for PC (D3) citing alleged Alzheimer/Dementia and undue property transfers – Defendant SD (D5) sought appointment as guardian citing caregiving role – Court held ...
Civil Writ - Public Appointment – Managing Director – Section 20 of Warehousing Corporations Act – Interim Appointment Quashed – State Government appointed retired police officer as Managing Director without effective consultation with Board of Directors – Held: Appointment violative of Section 20(1)(c) which mandates consultation with Board before such appointment &n...
Civil Law - Partition Suit – Oral Relinquishment and Validity of Sale Deed – Claim of oral relinquishment by the plaintiffs and oral partition pleaded by the defendants was not supported by acceptable evidence – Defendants failed to establish that the suit property was purchased out of ancestral funds or that there was any oral partition and relinquishment by the plaintiffs &ndas...
Civil Law – Mandatory Injunction and Mesne Profits – Licensee Status – Appeal Dismissed - Plaintiff-respondent filed suit for mandatory injunction directing appellant to vacate premises and recovery of mesne profits – Appellant inducted as licensee by license deed dated 06.08.2014 at ₹1,800 per month – Continued unauthorized possession after expiry of license &ndash...
Judicial Service Law - In-House Procedure – Constitutional Validity – Challenge by Sitting Judge – Petition Dismissed – A sitting High Court judge filed a writ petition under Article 32 challenging the validity of paragraphs 5(b) and 7(ii) of the In-House Procedure adopted by the Supreme Court in 1999, contending that it violates Articles 14, 21, 124(4), and the Judges (Inq...