Digi - Legal Insights

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.

Recovery of dues at retirement - No rigid formula exists for recovery of dues at retirement; timing of undertaking is a crucial factor.