Digi - Legal Insights

Notice sent beyond statutory period of 30 days invalidates complaint under Section 138 NI Act.

Maintenance proceedings-Non-impleadment of other children in proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 vitiates fairness; matter remanded for reconsideration.

Income Tax-Time-barred reassessment-Notice under Section 148 and consequent order invalid when issued beyond limitation prescribed under Section 149; timelines are mandatory and cannot be diluted by procedural interpretation of Section 148A.

Quashing of FIR-Court must go beyond FIR averments to detect mala fide motives and determine if offence is prima facie made out.

Private complaint against a body corporate-Order of process without mandatory averments and without impleading company is without jurisdictiony.

Maintainability of Petitions on Subsistence Allowance-Petitions lacking proper prayers or challenges to prior orders cannot be entertained under Articles 226 and 227.

Fact-Finding Report in Disciplinary Proceedings-Fact-finding reports cannot form the sole basis for findings in departmental inquiries proper procedure must be followed with relevant evidence.

Delay and Laches in Promotion Cases-Claim for antedating promotion rejected due to a 21-year delay; barred by principles of delay and laches.

Unauthorized Construction and Regularization-Panchayat has no authority to regularize illegal constructions made without requisite permissions.

Pre-emption Rights of Co-owners-Co-owners have a right of pre emption to purchase undivided share sold to third parties if willing to pay the same price.

Furlough for Convicts-Denial of furlough solely due to absence of a family undertaking is unjustified.

Suspension of Sentence Pending Appeal-Suspension of sentence during pendency of appeal justified when the applicant has undergone a significant portion of imprisonment.

Grant of Set-off for Pretrial Detention-Convicts are entitled to set-off for pretrial custody under Section 428 of CrPC; denial of such benefit is unjustified.

Quashing of FIR in Settled Cases-If parties have settled their disputes amicably, continuation of criminal proceedings will be an exercise in futility.

Quashing of FIR in Amicable Settlements-Criminal proceedings quashed as disputes were amicably settled, rendering continuation futile.

Termination order set aside for breach of natural justice as petitioner was not informed of proposed punishment or given chance to respond.

Dishonour of cheque - Magistrate erred in procedure by allowing accused to lead evidence without written waiver under Section 315 CrPC and directing affidavit evidence under Section 145 NI Act - Orders closing evidence quashed - Case remanded.

Dishonour of cheque - Complaints dismissed for non-prosecution though summoned witness not bound over - Magistrate erred in placing burden on complainant - Dismissal quashed - Cases restored for fresh trial - Appeal allowed.

 

Dishonour of cheque - Sessions Court vested with revisional powers under Sections 397 and 399 CrPC; dismissal of revision on preliminary ground improper - Denial of cross-examination opportunity held unjust - Order quashed - Petition allowed.

Withholding Pension for Misconduct - Pension and gratuity can be withheld under Rule 9(1) of the CCS Pension Rules if misconduct is established.