Digi - Legal Insights

If a new bail application is submitted to Sessions Court, it should be assessed without influence from prior observations and may take into account any changes in circumstances related to victims or other relevant factors.

Based on witness statements and victims account, injuries sustained by victim are deemed simple therefore, it is unnecessary to keep Applicant in custody at this time.

Scope of Director Disqualification - Disqualification as a director under the Goa Co-operative Societies Act applies only to the concerned society unless expressly extended.

Presumptive Value of Mundkar Status - Registered Mundkar status carries presumptive validity unless rebutted with cogent evidence; concurrent factual findings cannot be disturbed under Article 227.

Illegal Encroachments on Government Land - Illegal encroachments on government land must be removed following statutory processes.

Proof for Tenancy Claims - Claims for tenancy under the Goa Agricultural Tenancy Act must be supported by credible documentary evidence of possession and cultivation.

Permissibility of Additional Evidence - Documents not part of the original charge sheet cannot be introduced during a trial unless included through supplementary investigations.

Service benefits - Denial of benefits to petitioners while granting the same to similarly situated employees is arbitrary and violative of Article 14.

Recruitment process - High Court cannot act as appellate authority over assessment made by expert selection committee in recruitment process.

Recovery of dues at retirement - No rigid formula exists for recovery of dues at retirement; timing of undertaking is a crucial factor.

Recovery of excess amount of provident fund - No vested right exists to retain excess amount mistakenly paid from public funds.

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

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

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

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.

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

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