Digi - Legal Insights

Municipal taxation - Reassessment of house tax under the Goa Municipalities Act, 1968, without following statutory procedure and without granting fair hearing, is invalid; matter requires 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.

Regularization of service - Daily wage workers of Municipal Council entitled to regularization under settlement accepted by State Government - Impugned orders set aside - Petition allowed.

Reservation in professional courses - 3% quota for wards of Central/ State Govt. employees and private occupations (CSP category) under Clause 5.7 of DTE Prospectus held unconstitutional and violative of Article 14 - Reservation quashed - Petition allowed.

Recruitment and promotion - Vacancy of LDC in aided school must first be considered for promotion from Group D employees through DPC - Direct recruitment permissible only if no eligible candidate available - Petition allowed.

Pensionary benefits - Delay in release of pension and GPF due to administrative lapses held unjustified - Withholding on basis of decades-old withdrawal disproportionate - Interest at 6% p.a. awarded on delayed amounts - Petition allowed.

Service law - Failure to clear mandatory Screener Certification Course twice justified initiation of minor penalty - No procedural infirmity in penalty of Censure - Petition dismissed.

Revised pay scale-Group ‘D’ employees completing training in 2010 entitled to revised pay scale under 6th and 7th Pay Commission with notional fixation from training date and arrears from 01.01.2016; retrospective benefits from appointment date denied due to delay and acquiescence.

Maternity benefits - Under Section 27 of the Maternity Benefit Act, 1961, central law overrides inconsistent service rules; denial of paid maternity leave to temporary government servants is unlawful and discriminatory.

Recruitment process - Rejection of candidature on account of clerical error in application form, despite clear proof of eligibility in academic records, is unjust; candidature must be considered to avoid injustice.

Rape and cheating - Conviction quashed on basis of complainants voluntary compromise and withdrawal of allegations - Continuation of proceedings held abuse of process - Appellant acquitted - Appeal allowed.

Interim possession - Revisional court cannot alter possession status in preventive proceedings under Section 164 BNSS - Sessions Court exceeded jurisdiction by granting interim access - Impugned order quashed - Petition allowed.

Immoral traffic - Prosecution failed to prove accused lived on earnings of prostitution or procured victim - Essential ingredients under Sections 4 and 5 not established - Acquittal upheld - Appeal dismissed.

Premature release - Sentence Review Board must consider social history, reformation, and conduct in prison, not merely gravity of offence - Rejection order found arbitrary - Set aside - Petition allowed.

Victims right to legal representation - Victim entitled to engage eminent Senior Advocate of choice outside notified panel; refusal by District Magistrate held untenable - Petition allowed.

Bail - Non-compliance with daily reporting condition justified on medical grounds - Condition modified as infructuous - Cancellation of bail quashed - Petition allowed.

Bail and fair trial - Failure to provide effective legal aid vitiates fairness of proceedings - Cross-examination by accused found inadequate - Sessions Court directed to rehear bail application with proper legal assistance and relevant materials.

Bail - Even in allegations of criminal conspiracy and contract killing, where electronic evidence like voice recordings is unverified and no proclamation under Section 82 CrPC is issued, applicant cannot be treated as absconder; bail may be granted with conditions.

Quashing of charge sheet - Accused possessing valid passport cannot be prosecuted for offence under Foreigners Act and Passport Rules - Charge sheet and proceedings quashed - Petition allowed.

Quashing of FIR - Where parties are married and complainant admits filing under misconception, continuation of proceedings for offence under Section 376(2)(n) IPC is unjust; FIR quashed.