Digi - Legal Insights
CRIMINAL LAW
Details
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.
CRIMINAL LAW
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Magistrate cannot be
directed to record statement at instance of private party not sponsored by
Investigating Officer; oral evidence remains admissible.
CRIMINAL LAW
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Acquittal for outraging
modesty upheld where victims version was inconsistent, unsupported by evidence,
and tainted by prior enmity.
NEGOTIABLE INSTRUMENTS
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Failure to prove a
legally enforceable debt results in acquittal under Section 138 of Negotiable
Instruments Act.
NEGOTIABLE INSTRUMENTS
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Appeal Against
Acquittal-Accuseds liability is established; judgment of acquittal reversed.
NEGOTIABLE INSTRUMENTS
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Notice sent beyond
statutory period of 30 days invalidates complaint under Section 138 NI Act.
FAMILY LAW
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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.
TAXATION
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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.
CRIMINAL LAW
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Quashing of FIR in Amicable Settlements-Criminal
proceedings quashed as disputes were amicably settled, rendering continuation
futile.
PROPERTY LAW
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Liability primarily rests on the individual as
defined under municipal laws; excess tax must be refunded with interest or
adjusted against other dues.
SERVICE LAW
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Pension entitlement-Long
service, promotions, and salary through government grant justify pension
benefits. Anjali Anand Khare Vs. State of Maharashtra
SERVICE LAW
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Regularization and
parity of Special APPs-Contractual appointees not entitled to regularization,
but deserve parity in honorarium and dues
SERVICE LAW
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Modification of posting
without reason-Transfer order issued post election without justification
rightly interfered with by Tribunal.
SERVICE LAW
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Delay and laches-Employment claim filed after
unreasonable delay without pursuing remedies earlier is not entertainable.
PROPERTY LAW
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Registered title v. unregistered interest-Later
registered sale prevails over earlier unregistered equitable mortgage.
PROPERTY LAW
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Corrigendum altering land area – Competent
Authority cannot expand conveyance area under garb of corrigendum.
SERVICE LAW
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Departmental enquiry initiated against employee without furnishing full documents violates principles of natural justice; order set aside.
SERVICE LAW
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Termination order set aside for breach of natural
justice as petitioner was not informed of proposed punishment or given chance
to respond.
PROPERTY LAW
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Long possession without animus and proof of
adverse title does not confer ownership against State.
SERVICE LAW
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Employee appointed in
aided institution before 1-11-2005 entitled to Old Pension Scheme benefits.