Digi - Legal Insights

Recovery of excess amount - Recovery of excess payment cannot be made unless misrepresentation or fraud by the employee is established.

Maternity Benefits - Denial of benefit on ground of temporary appointment is illegal and violative of statutory and fundamental rights.

Absorption in service - Employee must establish enforceable right to absorption in Government service after retrenchment.

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

Quashing of Chargesheet - If ingredients of offence are not made out, continuation of proceedings is abuse of process of law.

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

Leave to defend can be denied where no plausible or basic defence is raised against cheque claim.

General allegations of fraud or non receipt of notice do not constitute specific defence under Section 145(2) of NI Act.

Vocational teachers are not eligible for promotion to the post of Principal under the Goa School Education Act.

Compounding of offence-Amount for compounding of offence may be directed to be deposited with Goa State Legal Services Authority.

False Promise to Marry - Consent is not vitiated where parties are in a legally recognized marriage known to both; offences of rape and cheating not made out.

Criminal Procedure - Accused should not suffer for absence of Advocate; denial of adjournment to cross-examine I.O. is unjustified.

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.

Scholarship selection - Candidates low interview score rendered him ineligible despite qualifying in written test - Selection process found fair and transparent - Petition dismissed.

Medical admissions - Requirement of passing XIIth from a Goa institution for State quota held reasonable and not arbitrary - Classification upheld as serving local interest in retaining talent - Petition dismissed.

Maintenance of parents - Mandatory reference to Conciliation Officer under Section 6(6) not followed - Order directing payment and restraining interference passed without inquiry or evidence held procedurally defective - Petition disposed of.

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.

Input Tax Credit - Inter-State transfer of CGST and IGST credit on merger cannot be denied on technical grounds - GSTN portal limitations cannot override statutory entitlement - Authorities directed to process transfer - Petition allowed.