Digi - Legal Insights

Recovery of excess amount of provident fund - No vested right exists to retain excess amount mistakenly paid from public funds.

Recovery of excess amount - Recovery of excess payment cannot be made unless misrepresentation or fraud by the employee is established.

Maternity Benefits - Denial of benefit on ground of temporary appointment is illegal and violative of statutory and fundamental rights.

Absorption in service - Employee must establish enforceable right to absorption in Government service after retrenchment.

Right to Protest - Prosecution must not be used to stifle democratic agitations unless violence or illegality is involved.

Quashing of FIR - Court must go beyond FIR averments to detect mala fide motives and determine if offence is prima facie made out.

Quashing of Chargesheet - If ingredients of offence are not made out, continuation of proceedings is abuse of process of law.

Private complaint against a body corporate - Order of process without mandatory averments and without impleading company is without jurisdiction.

Negotiable Instruments - Leave to defend can be denied where no plausible or basic defence is raised against cheque claim.

Negotiable Instruments - General allegations of fraud or non-receipt of notice do not constitute specific defence under Section 145(2) of NI Act.

False Promise to Marry - Consent is not vitiated where parties are in a legally recognized marriage known to both; offences of rape and cheating not made out.

Compounding of offence - Amount for compounding of offence may be directed to be deposited with Goa State Legal Services Authority.

Criminal Procedure - Accused should not suffer for absence of Advocate; denial of adjournment to cross-examine I.O. is unjustified.

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.

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.

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.