Promotion and Transfer – Conditions of Service – The petitioner company transferred the respondent from Mahape, Navi Mumbai, to Aurangabad on promotion. The respondent, alleging harassment and mala fide intentions behind the transfer, filed a complaint under the MRTU & PULP Act, seeking interim relief. The Industrial Court temporarily restrained the petitioners from implementing th...
Administrative Law – Decision-making by Regulatory Bodies – Pharmacy Council of India's decisions challenged – Colleges allege arbitrary rejection of approvals for conducting pharmacy courses – Court examines the procedure adopted by the Pharmacy Council and the adherence to regulatory standards – Emphasizes the need for reasoned and fair decision-making by statut...
Pre-emption Rights – Tenancy and Co-sharer Claims – Plaintiffs sought to pre-empt a sale based on tenancy claims over the suit land – Defendants claimed superior rights as tenants in possession – Rival pre-emptors, Samey Singh and Partap, also filed suit claiming rights as co-sharers and tenants.
Tenancy Rights – Evidence and Presumptions – Trial co...
Family Settlement – Consent Decree – Validity – Plaintiffs sought declaration of ownership of land based on a consent decree – Trial court upheld the claim, but the First Appellate Court reversed the decision, citing fraud and concealment – High Court reinstates the trial court's judgment, affirming the validity of the consent decree – Consent decrees are va...
Adverse Possession – Requirements – Plaintiff’s claim for adverse possession dismissed – Both the Trial Court and First Appellate Court found the plaintiff failed to establish the requisite animus for adverse possession – Emphasis on the necessity of proving continuous and hostile possession – Appeal dismissed on similar grounds, confirming lower courts’ f...
Habeas Corpus – Custody of Minor – Allegations of Sexual Offences – Mother filed writ petition for the release of minor daughter from Child Welfare Committee’s custody – Child taken into custody following registration of criminal case against father for sexual offences – Petitioner claimed allegations were false and child’s detention was unlawful...
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...
Workmen’s Compensation – Employer-Employee Relationship – Insurance Liability – Deceased driver crushed between two lorries – Insurance company’s contention that deceased had a fake driving licence and thus no liability – Court held that the insurance company cannot question employer-employee relationship based on the driving licence’s validity in th...
Civil Procedure – Production of Additional Documents – Petitioner challenged the order of the Trial Court that partially allowed the application under Order VII Rule 14 CPC – Contention that documents were highly relevant for adjudication of the matter and were improperly excluded – Trial Court found the reasons for delay in preparing documents irrelevant – High Court...