Digi - Legal Insights

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.

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.

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

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 preemption to purchase undivided share sold to third parties if willing to pay the same price.

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 Pre-Trial Detention - Convicts are entitled to set-off for pre-trial custody under Section 428 of CrPC; denial of such benefit is unjustified.

Closure of Investigation Due to Death of Accused - 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.

Quashing of FIR in Amicable Settlements - Criminal proceedings quashed as disputes were amicably settled, rendering continuation futile.

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.