Digi - Legal Insights

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.

Scholarship selection - Candidates low interview score rendered him ineligible despite qualifying in written test - Selection process found fair and transparent - Petition dismissed.

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.

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.

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.

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.

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.

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.

Regularization of service - Daily wage workers of Municipal Council entitled to regularization under settlement accepted by State Government - Impugned orders set aside - Petition allowed.

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.

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.

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 - Failure to clear mandatory Screener Certification Course twice justified initiation of minor penalty - No procedural infirmity in penalty of Censure - Petition dismissed.

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.

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.

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.

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.

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.

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.

Premature release - Sentence Review Board must consider social history, reformation, and conduct in prison, not merely gravity of offence - Rejection order found arbitrary - Set aside - Petition allowed.