Absence of forensic links and reliance on hearsay renders Prosecutions case unsustainable, highlighting risks of continuing trial based on such weak evidence, which infringes upon Petitioners rights and well-being hence, impugned FIR and charge-sheet registered of alleged offenses quashed.
Continuing his confinement lacked fruitful purpose, given his rehabilitative progress and deemed SSRBs earlier rejection of his release arbitrary and legally unsustainable, thus quashing it hence, it would be appropriate to direct release of Petitioner.
Impugned letter rejecting SSRBs recommendation and disallowing Petitioners plea for premature release, is arbitrary and unsustainable in law hence, set aside and it would be appropriate to direct release of Petitioner.
Impugned letter rejecting SSRBs recommendation and disallowing Petitioners plea for premature release, is arbitrary and unsustainable in law hence, set aside and it would be appropriate to direct release of Petitioner.
Court set aside States rejection of SSRBs recommendation for premature release of Respondents, considering factors such as adherence to Goa Prison Rules, Respondents' conduct in prison and indicators of their reform thus, decision emphasized that punishment should focus on prevention and reformation rather than vengeance.
Impugned order is quashed directing trial Court directed to rehear application seeking recall/modification of Order dated 20th January 2018, including on limitation point.
Application for modification of original order rejected as it would entail a review, which is only permissible in cases of apparent error or new material.
Access granted to Respondents will pass through Petitioners land as per agreed Consent Terms, which are fair to both parties, including a Plan (Annexure ‘A’) detailing access.
Mere existence of inventory proceedings does not prevent maintenance of a civil suit related to proprietary rights under registered conveyances.
Petitioner has previously been granted parole five times and that misconduct incidents noted in order are uncontested hence, Petitioner is permitted to file new parole application with Respondent no.2.
In light of Respondent-Societys lack of objection to Application for compounding and Applicants deposit of full compensation amount for an amicable settlement, Application for compounding of offence is granted.
Prosecution failed to prove forgery of bills and that Respondent had committed any offenses under IPC and PC Act hence, impugned order of acquittal does not require to be interfered.
There does not appear to be any perversity or infirmity in bail order however, additional condition may be imposed that any infraction of any of conditions of bail imposed in said order shall entail cancellation of bail.
Impugned order and supplementary charge sheet were quashed because the State misinterpreted Section 173 (8) of CrPC, failing to obtain prior permission from Trial Court before conducting further investigation and filing supplementary charge sheet.
Motive, inferred from alleged quarrel over money for liquor, remains unproven through other evidence and prosecution did not meet burden of proving guilt beyond reasonable doubt, resulting in Appellant's acquittal
Petitioner has failed to provide documentation establishing ownership of disputed property and has initiated civil suit seeking recognition of ownership via adverse possession, following rejection of his regularization application.
Impugned order 19.03.2024 has been reviewed, quashing January 20, 2024 order that allowed this impleadment therefore, Respondent No.14 is not recognized as party in Special Civil Suit No.8/2019 and any pleadings filed by them will be ignored as suit proceeds to final decree expeditiously.
No material evidence overlooked that could alter cases outcome and thus their findings were deemed reasonable and supported by record hence, second appeal was ultimately dismissed as it did not raise any substantial legal questions as defined under applicable law.
Petitioner did not comply with order, prompting Respondent No. 2 to issue execution directions and Respondent No. 2 acted in accordance with Act and issued memorandum requires no further interference.
Additional Sessions Judge adopted legally permissible view of material and correctly declined to set criminal law in motion hence, impugned Judgment and Order passed by Additional Sessions Judge, is confirmed.
Tap the button below to open the PDF in your device's default viewer