Digi - Legal Insights

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

Dishonor of Cheque under Negotiable Instruments Act - Delay in dispatching a demand notice beyond 30 days renders a complaint under Section 138 of the Act untenable.

Order of issuance of process set aside, as Magistrates order to take cognizance and issue summons is criticized for lacking reasoning and failing to show application of mind to allegations in complaint, rendering it contrary to Section 200 of CrPC.

Sessions Courts conviction based solely on sole eyewitness unreliable testimony is deemed flawed, as evidence of sole eyewitness is full of inconsistencies and is not corroborated by evidence of other witnesses or medical evidence.

If a new bail application is submitted to Sessions Court, it should be assessed without influence from prior observations and may take into account any changes in circumstances related to victims or other relevant factors.

Based on witness statements and victims account, injuries sustained by victim are deemed simple therefore, it is unnecessary to keep Applicant in custody at this time.

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

Petitioner is caught in complex situation hence, Respondent No.4 directed to supply certified copies of documents related to bill of entries filed by Petitioner for five companies involved in dispute during that period.

As evidence on record proving each of circumstances, forming a complete chain of events that unerringly points to guilt of both accused, no reason to interfere with impugned judgment of conviction and sentence.

Magistrate adequately complied with Section 202 by verifying complaint and documents without needing to examine witnesses hence, no case is made out to cause interference in impugned order and judgment.

Further investigation cannot be directed, adhering to legal standards under Articles 226 and 227 of Constitution, which dictate that such powers should be exercised sparingly and only in exceptional situation.

Deceaseds death resulted from an accidental act without intent hence, conviction of Appellant under Section 302 of IPC set aside and instead, he was convicted and sentenced under Section 304 (Part-II) of IPC.

Appellants were guilty of gang rape and prosecution has proven guilt of Appellants beyond reasonable doubt hence, no reasons to interfere with impugned judgment of conviction and sentence.

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.

Material on record is not sufficient for prosecution to establish charge against applicant, in such circumstances, subjecting Applicant to trial would not only be a mere formality but also abuse of process of law.

Sessions Court exceeded its authority by reassessing evidence and overriding Magistrates conclusions rather than identifying any legal infirmities in order, this approach neglected objective of Section 145 proceedings.

If offence is serious, Court must exercise caution while exercising power to grant pre-arrest bail, as it may sometimes lead to tampering or distraction of the evidence.

Applicant, in custody since February 2024, has refused to cooperate in trial and is deemed unfit for bail due to serious charges and attempts to delay proceedings.

Considering circumstances on record, it is appropriate to allow Appellant a reasonable opportunity to pursue appeal on its merits and thus, leave to appeal is granted.

Pension is not a discretion of employer but a valuable right to property and can be denied only through authority of law hence, bank must reconsider pension reduction with proper consultation and hearing.