Digi - Legal Insights
NEGOTIABLE INSTRUMENTS
Details
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.
NEGOTIABLE INSTRUMENTS
Details
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.
EDUCATION
Details
Scholarship
selection - Candidates low interview score rendered him ineligible despite
qualifying in written test - Selection process found fair and transparent -
Petition dismissed.
EDUCATION
Details
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.
FAMILY LAW
Details
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.
FAMILY LAW
Details
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
Details
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.
TAXATION
Details
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.
TAXATION
Details
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.
SERVICE LAW
Details
Regularization
of service - Daily wage workers of Municipal Council entitled to regularization
under settlement accepted by State Government - Impugned orders set aside -
Petition allowed.
SERVICE LAW
Details
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.
SERVICE LAW
Details
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.
SERVICE LAW
Details
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
Details
Service law - Failure
to clear mandatory Screener Certification Course twice justified initiation of
minor penalty - No procedural infirmity in penalty of Censure - Petition
dismissed.
SERVICE LAW
Details
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.
SERVICE LAW
Details
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.
SERVICE LAW
Details
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.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
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.
CRIMINAL LAW
Details
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.
Judgement
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