Digi - Legal Insights

Delay in dispatching a demand notice beyond 30 days renders a complaint under Section 138 of the Act untenable.

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 FIR-Court must go beyond FIR averments to detect mala fide motives and determine if offence is prima facie made out.

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

Private complaint against a body corporate-Order of process without mandatory averments and without impleading company is without jurisdiction.

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

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

Vocational teachers are not eligible for promotion to the post of Principal under the Goa School Education Act.

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

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.

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

Dishonour of cheque - Magistrate erred in procedure by allowing accused to lead evidence without written waiver under Section 315 CrPC and directing affidavit evidence under Section 145 NI Act - Orders closing evidence quashed - Case remanded.

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.