Digi - Legal Insights

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.

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.