Retrospective Executive Policy, Binding Precedents, and Partnership Rights Under Maharashtra Excise Law

sketch of the Bombay High Court
Case
SURYAKANT BABURAO KHALADKAR v. THE STATE OF MAHARASHTRA AND ORS (Bombay High Court, 10-09-2026)
Law
Maharashtra Prohibition Act, Indian Partnership Act, Administrative Law.

Highlights of the Judgment:

  • Detailed statutory interpretation of Rules 25, 40, and 61-A of the Bombay Foreign Liquor Rules, 1953.
  • Analysis of partnership dissolution under Section 42 of the Indian Partnership Act, 1932, upon a partner's death.
  • Examination of the binding effect of unappealed coordinate bench writ judgments under judicial discipline.
  • Evaluation of whether subsequent executive circulars can divest vested partnership rights retrospectively.
  • Scrutiny of administrative overreach and repeated passing of orders quashed in prior litigation rounds.
  • Deliberation on distinction between licence transfer, re-grant, and fresh licence issuance under excise laws.