Digi - Legal Insights

Consent of parties to quash tenancy declarations and restore land to original owner is legally permissible.

Order granting maintenance to wife under Section 125 CrPC upheld; husbands income and neglect to maintain wife proved.

Educational activities of public university are not commercial; show cause notice for GST demand lacks jurisdiction

Petitioners challenge to seizure of gold under Customs Act rejected as prin ciples of natural justice and proper procedure were followed.

Question of locus standi should be based on facts before Commercial Appellate Court, not on extraneous documents.

Only those certified as not part of Creamy Layer by specified date qualify for OBC benefits and State Government revisit three-year validity rule for OBC Certificates, suggesting that it undermines certificates intended purpose due to potential income changes over time.

Delay applications must be supported by valid reasoning and necessary documentation.

As There Are Insufficient Grounds To Charge Accused With Alleged Offences, Impugned Judgment Of Conviction Set Aside And Accused Is Acquitted Of Said Offence.

If accused has expired, proceedings should be abated instead of being classified as A-Abated final summary.

Test Identification Parade and recovery completed; stringent conditions imposed on bail.

Bail granted as implication solely based on co-accuseds statement without independent evidence.

Article 30 of Constitution grants the State the right to appoint teachers, subject to eligibility conditions, but this right cannot be diluted by State insisting on appointment by Board of Directors.

FIR quashed where allegations, though well-drafted, were found to be malicious and instituted with ulterior motives; ingredients of offence under Sections 415 and 420 IPC not made out even if FIR taken at face value.

Conviction altered to Section 304 Part II as post-incident efforts of accused to save his wife indicated absence of intent to kill though knowledge of consequences was attributable.

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

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

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

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.