Service Law - Maintainability of Writ Petition – Availability of Alternative Remedy – Existence of alternative remedy not an absolute bar against maintainability of writ petition under Article 226 – Statutory appeal against order by President barred by Rule 15 of All India Services (Disciplinary and Appeal) Rules, 1969 – Memorial under Rule 25 not equated to statutory appea...
Jurisdiction – Small Causes Court – Eviction and Possession – Small Causes Court has jurisdiction over disputes involving landlord and tenant, including suits for recovery of possession – Claims arising out of the Maharashtra Rent Control Act fall within exclusive jurisdiction of Small Causes Court – Civil Revision Applications dismissed – High Court upheld the ...
Municipal Law – Disqualification of President – Petitioner, directly elected President of Wai Municipal Council, challenged the order of disqualification and removal from the post – Allegations of accepting a bribe of Rs. 14,000 for clearing a contractor’s bill – Inquiry conducted by Sub-Divisional Officer and findings forwarded to the Collector, who recommended remov...
Redemption of Mortgage – Rights of Legal Heirs – Plaintiffs (Appellants) sought redemption of a mortgage bond dated 13.09.1969 and claimed 2/3rd share of the property as legal heirs of Abdul Rahim – Trial Court decreed suit in favor of plaintiffs recognizing their share – First Appellate Court reversed the decision, questioning the redemption right post-execution of a sale ...
Compassionate Appointments – Age Limit and Substitution – Petitioners challenged clauses 3.11 and 3.21 of Government Resolution dated 21/09/2017, which limit the age for compassionate appointments to 45 years and allow for substitution of legal heirs under specific circumstances – Division Bench formed an opinion that the judgment in Dnyaneshwar S/o. Ramkishan Musane v. State of ...
Administrative Law – Repatriation – Absorption – Petitioner, initially on deputation as Deputy Registrar, was absorbed by University’s Executive Council (EC) resolution – Later repatriated by Registrar’s order claiming she was still on deputation – Petitioner challenged repatriation – Court held petitioner was validly absorbed and became permanent em...
Civil Procedure – Non-filing of Written Statement – Defendants failed to file written statement despite court orders – Case proceeded as undefended suit due to non-compliance [Paras 1-2].
Property Ownership and Tenancy – Plaintiff established ownership of multiple properties constituting “Karnani Mansion” – Plaintiff’s right to issue car parking s...
Domestic Violence – Interim Monetary Compensation – Petitioner challenged the order of the 1st Additional Sessions Judge, Srinagar, enhancing interim monetary compensation from Rs. 15,000 to Rs. 31,000 per month – Contention that an appeal under Section 29 of the DV Act against an interim order is not maintainable – Court held that there is no bar on filing an appeal agains...
Public Health – Food Adulteration – Suo motu action to address food adulteration impacting public health – Interim directions issued for implementation of Food Safety and Standard Act, 2006 – Monitoring and sampling of high-risk areas – Establishment of testing infrastructure – Public awareness campaigns to educate about food adulteration and its health impacts ...
Service Law – Dismissal from Service – Forged Educational Certificate – Petitioner challenged his dismissal based on alleged submission of a forged transfer certificate to alter date of birth – Acquitted by the criminal court on the same facts – Disciplinary Authority failed to provide evidence of forgery and did not address objections raised by petitioner – App...