Digi - Legal Insights

POCSO conviction set aside due to non-examination of DNA expert and absence of sample preservation evidence.

Principal District and Sessions Judge failed to consider PMLA provisions in transfer application, thus necessitating quashing of current order and re-transfer of Criminal Case to Special Court under PMLA.

Conviction upheld as threat to life was real, ransom demand was clearly established through phone call, and recovery of weapons and money supported prosecution case beyond reasonable doubt.

GATE score weightage-Award of 10% weightage to GATE score found unconstitutional and arbitrary.

Deemed conveyance application is maintainable despite res judicata plea; however, conveyance must exclude separately occupied structures and proportionate land.

Complaint maintainable where averments sufficiently show accused was in charge of and responsible for companys day-to-day affairs; vicarious liability under Section 141 NI Act attracted.

Accused acquitted by compounding offence where cheque amount with interest was repaid; Goa Money-Lenders Act defence not considered by High Court.

Acquittal upheld where complainant proved cheque was misused by accused and issued only for Rs. 945 towards electricity bill, not for Rs. 9.7 lakhs; rebuttable presumption under NI Act stood disproved. 2019 DGLS(SC) 430 ; 2010(4) Bom.C.R. 652(S.C.) dist.

Magistrate cannot be directed to record statement at instance of private party not sponsored by Investigating Officer; oral evidence remains admissible.

Acquittal for outraging modesty upheld where victims version was inconsistent, unsupported by evidence, and tainted by prior enmity.

Failure to prove a legally enforceable debt results in acquittal under Section 138 of Negotiable Instruments Act.

Appeal Against Acquittal-Accuseds liability is established; judgment of acquittal reversed.

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.

Resumption of Duties in Service Cases-Delay in obtaining approval for appointment does not invalidate entitlement to resume duties with back wages.

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.