Scope of Director Disqualification - Disqualification
as a director under the Goa Co-operative Societies Act applies only to the
concerned society unless expressly extended.
Petitioner is caught in complex situation hence, Respondent No.4 directed to supply certified copies of documents related to bill of entries filed by Petitioner for five companies involved in dispute during that period.
As evidence on record proving each of circumstances, forming a complete chain of events that unerringly points to guilt of both accused, no reason to interfere with impugned judgment of conviction and sentence.
Magistrate adequately complied with Section 202 by verifying complaint and documents without needing to examine witnesses hence, no case is made out to cause interference in impugned order and judgment.
Further investigation cannot be directed, adhering to legal standards under Articles 226 and 227 of Constitution, which dictate that such powers should be exercised sparingly and only in exceptional situation.
Deceaseds death resulted from an accidental act without intent hence, conviction of Appellant under Section 302 of IPC set aside and instead, he was convicted and sentenced under Section 304 (Part-II) of IPC.
Appellants were guilty of gang rape and prosecution has proven guilt of Appellants beyond reasonable doubt hence, no reasons to interfere with impugned judgment of conviction and sentence.
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.
Material on record is not sufficient for prosecution to establish charge against applicant, in such circumstances, subjecting Applicant to trial would not only be a mere formality but also abuse of process of law.
Sessions Court exceeded its authority by reassessing evidence and overriding Magistrates conclusions rather than identifying any legal infirmities in order, this approach neglected objective of Section 145 proceedings.
If offence is serious, Court must exercise caution while exercising power to grant pre-arrest bail, as it may sometimes lead to tampering or distraction of the evidence.
Applicant, in custody since February 2024, has refused to cooperate in trial and is deemed unfit for bail due to serious charges and attempts to delay proceedings.
Considering circumstances on record, it is appropriate to allow Appellant a reasonable opportunity to pursue appeal on its merits and thus, leave to appeal is granted.
Pension is not a discretion of employer but a valuable right to property and can be denied only through authority of law hence, bank must reconsider pension reduction with proper consultation and hearing.
Case is proved beyond reasonable doubt hence, trial Court was justified in awarding conviction and sentence to Appellant.
Appellant was acquitted from charges of conspiracy and destruction of evidence under IPC, as no evidence of active role in conspiracy.
Driver of commercial vehicle, which was under 7500 Kg, was validly licensed to operate it without needing additional endorsements hence, Insurance Company is to indemnify awarded compensation to claimants and recover it from vehicle owner.
Conviction under Section 302 of IPC and life sentence were set aside, Appellant was instead convicted under Section 304 Part-I of IPC.
Impugned order of acquittal held proper, as offence in question was not proven.
Trial Court rightly acquitted accused from all charges, as offence in question was not proven.
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