Digi - Legal Insights

Cognizance under P.C. Act taken without sanction is invalid; discharge allowed.

Petitioner, who has a commendable academic record, secured admission to management course on merit, maintained good attendance and submitted assignments timely hence, Respondent No. 2 directed to permit Petitioners to appear for re-examination to be conducted for student.

High Courts refusal to interfere upheld as respondent remained public servant during deputation and sanction under Section 197 CrPC was necessary for prosecution under IPC and PC Act.

Allowed under Sections 217, 218 IPC r/w Section 34 as prosecution was barred by limitation under Section 468 CrPC and no sanction under Section 197 CrPC was obtained despite petitioners being public servants acting in official capacity.

Allowed as forged document allegedly authored by applicant was not used for benefit and no link established between applicant and forgery.

Rejection upheld as evidence collected during investigation disclosed prima facie case and sufficed for trial under Section 376(2)(n) IPC.

Allowed as material only showed applicants ownership of centre without linking her to alleged acts, making her prosecution an abuse of process.

Petition to transfer high-security prisoner to general barrack rejected for security and administrative reasons.

Accused entitled to default bail as application was filed before charge-sheet, and advocates mistake in forwarding it to wrong court cannot defeat statutory right.

Complaint and summons quashed as peaceful and non-abusive protest by appellants fell within Exception 9 to Section 499 IPC and was protected under Article 19 of Constitution.

Application under Section 482 of CrPC is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of Court.

As Petitioner did not raise objections about illegal arrest during initial remand, leading to conclusion that if procedural infringement existed, it could be addressed through compensation or accountability measures without disrupting ongoing trial.

Statutory powers of attachment must be exercised with due process and cannot overwrite constitutional protection to property without fair opportunity of being heard.

Writ of habeas corpus dismissed as custody of 3-year-old child with mother was lawful under Guardians and Wards Act and no exceptional circumstances were shown to disturb it.

As there are insufficient grounds to charge accused with alleged offences, impugned judgment of conviction set aside and accused is acquitted of said offence.

Interim custody of animals granted to petitioner under Rule 5 as there was no claim from anyone else and record showed animals were seized from his truck.

Appellate Courts discretion to require deposit was deemed valid to deter delays and uphold rights of complainant, who has been engaged in litigation since November 2022 hence, order of Appellate Court needs to be upheld.

Conviction under Section 304 Part II upheld based on repeated assault with knowledge of likely fatal consequence.

Even it is a case of only broken relationship, which by itself would not amount to abetment of suicide hence accused, is acquitted of offence for which he was charged, convicted, and sentenced.

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