Digi - Legal Insights

Complainants evidence was insufficient to establish that cheque was issued for a legal and enforceable liability and no legal debt existed between complainant and accused, leading to acquittal of accused without any legal error.

Maintainability of Petitions on Subsistence Allowance-Petitions lacking proper prayers or challenges to prior orders cannot be entertained under Articles 226 and 227.

Resumption of Duties in Service Cases-Delay in obtaining approval for appointment does not invalidate entitlement to resume duties with back wages.

Fact-Finding Report in Disciplinary Proceedings-Fact-finding reports cannot form the sole basis for findings in departmental inquiries proper procedure must be followed with relevant evidence.

Delay and Laches in Promotion Cases-Claim for antedating promotion rejected due to a 21-year delay; barred by principles of delay and laches.

Unauthorized Construction and Regularization-Panchayat has no authority to regularize illegal constructions made without requisite permissions.

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.

Pre-emption Rights of Co-owners-Co-owners have a right of pre emption to purchase undivided share sold to third parties if willing to pay the same price.

Pension and gratuity can be withheld under Rule 9(1) of the CCS Pension Rules if misconduct is established.

Excess pension paid due to bank error cannot be recovered unless there is misrepresentation or fraud by the pensioner.

Unauthorized absence cannot lead to complete forfeiture of pension and gratuity if qualifying service is fulfilled under pension rules.

Furlough for Convicts-Denial of furlough solely due to absence of a family undertaking is unjustified.

Suspension of Sentence Pending Appeal-Suspension of sentence during pendency of appeal justified when the applicant has undergone a significant portion of imprisonment.

Grant of Set-off for Pretrial Detention-Convicts are entitled to set-off for pretrial custody under Section 428 of CrPC; denial of such benefit is unjustified.

Classification of investigation as A-Abated summary is invalid; it should be closed as abated due to the accuseds death.

Quashing of FIR in Settled Cases-If parties have settled their disputes amicably, continuation of criminal proceedings will be an exercise in futility.

Dismissal of a complaint under Section 138 of the NI Act for default due to absence must follow due process; failure constitutes procedural lapse.

Concurrent findings by trial and appellate courts on cheque dishonor cannot be interfered with in revision unless jurisdictional errors are established.