Digi - Legal Insights

Dishonour of cheque - Magistrate erred in procedure by allowing accused to lead evidence without written waiver under Section 315 CrPC and directing affidavit evidence under Section 145 NI Act - Orders closing evidence quashed - Case remanded.

Dishonour of cheque - Complaints dismissed for non-prosecution though summoned witness not bound over - Magistrate erred in placing burden on complainant - Dismissal quashed - Cases restored for fresh trial - Appeal allowed.

 

Dishonour of cheque - Sessions Court vested with revisional powers under Sections 397 and 399 CrPC; dismissal of revision on preliminary ground improper - Denial of cross-examination opportunity held unjust - Order quashed - Petition allowed.

Withholding Pension for Misconduct - Pension and gratuity can be withheld under Rule 9(1) of the CCS Pension Rules if misconduct is established.

Pension Recovery Due to Bank Error - Excess pension paid due to bank error cannot be recovered unless there is misrepresentation or fraud by the pensioner.

Pension and Gratuity in Service Laws - Unauthorized absence cannot lead to complete forfeiture of pension and gratuity if qualifying service is fulfilled under pension rules.

Dismissal of Complaint for Default - Dismissal of a complaint under Section 138 of the NI Act for default due to absence must follow due process; failure constitutes procedural lapse.

Cheque Dishonor and Revision Jurisdiction - Concurrent findings by trial and appellate courts on cheque dishonor cannot be interfered with in revision unless jurisdictional errors are established.

Dishonor of Cheque under Negotiable Instruments Act - Delay in dispatching a demand notice beyond 30 days renders a complaint under Section 138 of the Act untenable.

Order of issuance of process set aside, as Magistrates order to take cognizance and issue summons is criticized for lacking reasoning and failing to show application of mind to allegations in complaint, rendering it contrary to Section 200 of CrPC.

Sessions Courts conviction based solely on sole eyewitness unreliable testimony is deemed flawed, as evidence of sole eyewitness is full of inconsistencies and is not corroborated by evidence of other witnesses or medical evidence.

If a new bail application is submitted to Sessions Court, it should be assessed without influence from prior observations and may take into account any changes in circumstances related to victims or other relevant factors.

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.