Digi - Legal Insights

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.

Maintenance of parents - Mandatory reference to Conciliation Officer under Section 6(6) not followed - Order directing payment and restraining interference passed without inquiry or evidence held procedurally defective - Petition disposed of.

Municipal taxation - Reassessment of house tax under the Goa Municipalities Act, 1968, without following statutory procedure and without granting fair hearing, is invalid; matter requires reconsideration.

Input Tax Credit - Inter-State transfer of CGST and IGST credit on merger cannot be denied on technical grounds - GSTN portal limitations cannot override statutory entitlement - Authorities directed to process transfer - Petition allowed.

Maintenance proceedings - Non-impleadment of other children in proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 vitiates fairness; matter remanded for reconsideration.

Income Tax - Time-barred reassessment - Notice under Section 148 and consequent order invalid when issued beyond limitation prescribed under Section 149; timelines are mandatory and cannot be diluted by procedural interpretation of Section 148A.

Regularization of service - Daily wage workers of Municipal Council entitled to regularization under settlement accepted by State Government - Impugned orders set aside - Petition allowed.

Reservation in professional courses - 3% quota for wards of Central/ State Govt. employees and private occupations (CSP category) under Clause 5.7 of DTE Prospectus held unconstitutional and violative of Article 14 - Reservation quashed - Petition allowed.

Pensionary benefits - Delay in release of pension and GPF due to administrative lapses held unjustified - Withholding on basis of decades-old withdrawal disproportionate - Interest at 6% p.a. awarded on delayed amounts - Petition allowed.

Recruitment and promotion - Vacancy of LDC in aided school must first be considered for promotion from Group D employees through DPC - Direct recruitment permissible only if no eligible candidate available - Petition allowed.

Service law - Failure to clear mandatory Screener Certification Course twice justified initiation of minor penalty - No procedural infirmity in penalty of ‘Censure’ - Petition dismissed.

Revised pay scale - Group ‘D’ employees completing training in 2010 entitled to revised pay scale under 6th and 7th Pay Commission with notional fixation from training date and arrears from 01.01.2016; retrospective benefits from appointment date denied due to delay and acquiescence.

Maternity benefits - Under Section 27 of the Maternity Benefit Act, 1961, central law overrides inconsistent service rules; denial of paid maternity leave to temporary government servants is unlawful and discriminatory.

Recruitment process - Rejection of candidature on account of clerical error in application form, despite clear proof of eligibility in academic records, is unjust; candidature must be considered to avoid injustice.

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.

Rape and cheating - Conviction quashed on basis of complainants voluntary compromise and withdrawal of allegations - Continuation of proceedings held abuse of process - Appellant acquitted - Appeal 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.