Digi - Legal Insights

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.

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.