Digi - Legal Insights
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
Applicant has been incarcerated since September 3, 2018, serving over seven and half years hence, during pendency of appeal, substantive sentence can be suspended, allowing for release on bail under specific conditions.
CRIMINAL LAW
Details
Due to prolonged weaknesses in evidence against Applicant, which has persisted during his six-year custody, he is considered eligible for bail on similar terms as his co-accused.
PROPERTY LAW
Details
Initial basis for declaring building dangerous and ordering demolition is no longer valid and related communications cannot be upheld hence, Respondent No.2 is prohibited from threatening disconnection of water or electricity based on certain communications.
CIVIL LAW
Details
Deceased died due to an "untoward incident," as defined by Act and even if Station Managers version is accepted, it would still be classified as an "untoward incident."
RENT CONTROL
Details
Appellate Court incorrectly placed burden of proof on Petitioner/Defendant, neglecting legal requirement for Plaintiff to establish tenancy, this misapplication of law suggests a significant risk of miscarriage of justice, warranting legal intervention.
CIVIL LAW
Details
Rejection of appellant No. 2s compassionate appointment on grounds of having retired on medical grounds was deemed unjustifiable.
SERVICE LAW
Details
Petition is substantially a service selection challenge by an unsuccessful candidate who has no indefeasible right to appointment and who seeks vague direction for appointment of some other candidate and such Petition cannot be entertained under Article 226 of Constitution.
CIVIL LAW
Details
There was no ambiguity in Resolution Plan, dismissing relevance of face value reservation mechanism and principles like contra proferentem, upholding integrity of established timeline for payments hence, impugned Judgment passed by Courts below are set aside.
LIMITATION
Details
Rehabilitation Act does not have retrospective effect and Maharashtra Resettlement of Project Displaced Persons Act, 1976 lacks a provision similar to Section 16(2)(a) of Rehabilitation Act hence, petition should be dismissed based on these grounds.
PROPERTY LAW
Details
Appellants are entitled to refund, less 10% for administrative charges and regarding withheld amounts, MRTP Act allows for interest on refunds, but applying standard rate may not be appropriate given the circumstances.
SERVICE LAW
Details
Law does not limit protections to disabilities arising from service and that employer is obligated to explore reasonable accommodations rather than opting for invalidation.
EDUCATION
Details
Petitioners are entitled for reimbursement of such amount of fees as is provided under Government Resolution dated 20-09-2019.
CIVIL LAW
Details
Plaintiffs conditional admission of partition deed does not establish acceptance of its terms, as no tangible actions were taken by either party to reflect its implementation hence, impugned order passed first appellate Court held proper.
CIVIL LAW
Details
Petitioners' claims cannot surpass interests of sugar producers and consumers in domestic industry and Competent authorities are equipped to make informed decisions and interference by Court is not warranted.
PROPERTY LAW
Details
Order passed by Land Acquisition, Resettlement and Rehabilitation Authority is quashed and application at Exhibit 8 is allowed, staying proceedings until final resolution of Special Civil Suit No.78 of 2022 pending before Civil Judge, Senior Division.