Allowed as material
only showed applicants ownership of centre without linking her to alleged acts,
making her prosecution an abuse of process.
Petition to transfer
high-security prisoner to general barrack rejected for security and
administrative reasons.
Accused entitled to
default bail as application was filed before charge-sheet, and advocates
mistake in forwarding it to wrong court cannot defeat statutory right.
Complaint and summons
quashed as peaceful and non-abusive protest by appellants fell within Exception
9 to Section 499 IPC and was protected under Article 19 of Constitution.
Application under Section 482 of CrPC is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of Court.
As Petitioner did not raise objections about illegal arrest during initial remand, leading to conclusion that if procedural infringement existed, it could be addressed through compensation or accountability measures without disrupting ongoing trial.
Statutory powers of attachment must be exercised with due process and cannot overwrite constitutional protection to property without fair opportunity of being heard.
Writ of habeas corpus
dismissed as custody of 3-year-old child with mother was lawful under Guardians
and Wards Act and no exceptional circumstances were shown to disturb it.
As there are insufficient grounds to charge accused with alleged offences, impugned judgment of conviction set aside and accused is acquitted of said offence.
Interim custody of
animals granted to petitioner under Rule 5 as there was no claim from anyone
else and record showed animals were seized from his truck.
Appellate Courts discretion to require deposit was deemed valid to deter delays and uphold rights of complainant, who has been engaged in litigation since November 2022 hence, order of Appellate Court needs to be upheld.
Conviction under
Section 304 Part II upheld based on repeated assault with knowledge of likely
fatal consequence.
Even it is a case of only broken relationship, which by itself would not amount to abetment of suicide hence accused, is acquitted of offence for which he was charged, convicted, and sentenced.
Scope of Director
Disqualification-Disqualification as a director under the Goa Co-operative
Societies Act applies only to the concerned society unless expressly extended.
Complainants evidence was insufficient to establish that cheque was issued for a legal and enforceable liability and no legal debt existed between complainant and accused, leading to acquittal of accused without any legal error.
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.
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.
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