Civil Writ - Interpretation of Section 142(1), Maharashtra Prohibition Act – Powers of Collector – The petitioners, liquor license holders, challenged the closure orders under Section 142(1) of the Maharashtra Prohibition Act, which mandated the closure of all liquor shops in the district on Dr. Babasaheb Ambedkar Jayanti – Held: The term "any place" in Section 142(1) m...
Civil Law - Coparcenary Property – Transfer of Joint Property by One Coparcener – Void Gift Deed – The plaintiffs sought recovery of possession after their coparcener, without their consent, gifted joint ancestral property to a school – Held: Since the property was not partitioned by metes and bounds, the defendant’s unilateral gift of joint family property without co...
Service Law - Payment of Gratuity – Delay in Payment – Interest on Gratuity – Appeal Dismissal – Petitioner, a retired Professor and Head of Anesthesia Department at Gujarat Cancer and Research Institute, sought interest at 10% on the delayed payment of Rs. 10,00,000 in gratuity for the period from 01.05.2018 to 31.08.2021 – Gratuity amount enhanced by amendment to Rs...
Auction Sale – Valuation of Property – Maharashtra Cooperative Societies Act, 1960 – Auction Challenged – Auction Upheld – Appellant, Ahmednagar District Central Cooperative Bank Ltd., challenged the auction sale of Mula Sahakari Soot Girni Ltd.’s property, claiming undervaluation and insufficient participation by bidders – High Court dismissed the writ pe...
Ryotwari Patta – Non-Service of Notice – Andhra Pradesh Inams Act – Petition Dismissed – Petitioners challenged the grant of Ryotwari Patta to Sri C. Vishwanathaiah on 04.01.2002, arguing that no notice was issued to them or their vendors – Held: For claiming Ryotwari Patta under the Act, petitioners must demonstrate a title flowing from an Inamdar or tenant of an Ina...
Education Law – MBBS Admissions – OCI Cardholders' Eligibility – Petitioner, an Overseas Citizen of India (OCI), sought admission under the category reserved for wards of gallantry award recipients – The petitioner was allocated an NRI quota seat but sought admission under the State quota – Held: The petitioner did not fulfil the eligibility requirements under the...
Property Law – Co-operative Housing Society – Conveyance of Property – Section 11 of MOFA – Injunction Granted – Petitioner (Sita Vihar Co-operative Housing Society Ltd.) sought enforcement of statutory obligations under the Maharashtra Ownership of Flats Act (MOFA), 1963, seeking conveyance of the suit property from Respondents 1 to 8 – Petitioner also sought t...
Civil Procedure – Pecuniary Jurisdiction – Valuation of Relief – Section 16, Andhra Pradesh Civil Courts Act, 1972 – The appellant filed a suit for specific performance of a sale agreement with an alternative relief for refund of sale consideration, valued at ₹1,08,42,666/- – The District Court returned the plaint, holding that the primary relief for specific perfor...
Property Law – Auction Sale of Temple Property – Execution of Sale Deed – Sections 53A of the Transfer of Property Act, 1882, and 80 of the AP Endowments Act, 1987 – The petitioner, Aditya Academy, purchased land in a public auction held by the respondent temple in 2002 – Despite full payment of the sale consideration and delivery of possession of the property, the re...
Consumer Law – Filing of Written Statement – Appellant’s Right Foreclosed – The National Consumer Disputes Redressal Commission (NCDRC) foreclosed the Appellant’s right to file a written statement in response to the complaint due to the failure to submit it within the 45-day statutory period – The Appellant argued that the delay was due to the non-receipt of the...