Ritu, Author at SCC Times

“Alleged non-receipt of notice warrants another opportunity”; Calcutta High Court grants Assessee opportunity to show-cause despite failure to respond

Calcutta High Court explicitly stated that if the appellant failed to comply with the court’s directive, the benefit of the order would not apply, and the appeal would be dismissed without further reference to the court.

Case Briefs High Courts

W.B. Assembly Election 2021 | ‘Appellant seems to have lost interest in prosecuting the matter’; Calcutta High Court dismisses appeal

The instant matter is related to appeal against the writ petition challenging the election of respondent 14 to the West Bengal Assembly in the 2021 elections, based on falsifying his educational qualifications.

Case Briefs High Courts

Calcutta High Court dismisses minority institution owners’ petition seeking relief from installation of high-voltage electricity cable

The Calcutta High Court noted that while the Courts may intervene in matters of public interest, such as installation of electricity lines, the same is not warranted in the present case.

Case Briefs High Courts

Calcutta High Court directs adherence of Unnatural Death Compensation Scheme in computation of compensation for prisoners’ unnatural death

The West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019 provides for the minimum limit of compensation which is payable upon satisfaction of the contingencies provided in the scheme.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Filing of ‘Certified Copy’ not an empty ritualistic formality: NCLAT

NCLAT upheld appellant’s classification as a Financial Institution and it’s liability to pay Liquidation Costs.

Case Briefs High Courts

Commercial Courts Act expressly takes away any substantive or procedural right of appeal; Calcutta High Court dismisses appeal

Calcutta High Court relied on Section 13 of the Commercial Courts Act, 2015, which explicitly limits the right of appeal to judgments, decrees, and orders specified therein.

Case Briefs High Courts

‘Police protection is neither fundamental right nor statutory right’; Madhya Pradesh High Court directs removal of Police security

Madhya Pradesh High Court highlighted the need for judicious assessment of threat perception and responsible utilization of police resources.

Justice Manindra Mohan Shrivastava Rajasthan High Court Chief Justice

Know thy Judge

Know Thy Judge | Justice Manindra Mohan Shrivastava, the 42nd Chief Justice of Rajasthan High Court

Justice M.M. Shrivastava was appointed by the President as new Chief Justice of the Rajasthan High Court on 02-02-2024 and took charge of his new office on 06-02-2024.

Case Briefs High Courts

‘Admissions in pleading are primarily germane’; Calcutta High Court directs rehearing of application under Order XII Rule 6 CPC

Calcutta High Court held that the trial court erred in considering extraneous documents regarding Thika Tenancy, as the defendants had not pleaded such defenses in their written statement.

Case Briefs High Courts

Calcutta High Court rejects anticipatory bail in Child Marriage case; directs awareness programs by Woman and Child Department to raise awareness

Calcutta High Court emphasised on the importance of sensitization and awareness programs to prevent marriages involving minors or adults who have not attained the legal age of marriage.

Case Briefs High Courts

Calcutta High Court upholds rejection of petition on failure to produce document/evidence in Anandalok’s car-parking ownership dispute case

Calcutta High Court held that the appellant lacked locus standi of collective bodies to bring proceedings as the appellants don’t have legal personality or individual rights.

Case Briefs High Courts

Like Mishti Doi, Aloo Posto & Luchi, protests and rallies are inextricably part of Bengali Culture; Calcutta High Court allows rally in Howrah

“Every Bengali is a born orator, born in a state rich in culture and heritage.”

Case Briefs High Courts

Calcutta High Court directs payment of performance security deposit and retention money; defers other claims to civil suit

Calcutta High Court held “in the absence of any claim being made by the respondents during the six months’ performance guarantee period, the petitioners are entitled to refund of the entire amount of security deposit.”

Case Briefs High Courts

Calcutta High Court affirms Larica Inn’s rights to purchased building’s roof-top based on conveyance deed and mutation

Calcutta High Court deemed KMC’s approval of the additional building plan without considering Larica Inn’s rights as erroneous.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT rules on Secured Creditor’s right to choose method of debt realisation

NCLAT stated that since the IBC overrides the SARFAESI Act, the Liquidator ought not to prefer a petition, based on the SARFAESI Act, and therefore Liquidator’s decision to classify the appellant as an unsecured financial creditor was illegal and invalid.

Case Briefs High Courts

Calcutta High Court refuses to nullify award and restore lease in lieu of compromise based on illegal and arbitrary act

“Just as an illegal contract cannot be enforced, similarly a compromise or settlement which is not in the interest of the Society cannot be used to nullify the order passed by the competent authority in compliance of the direction passed by the Court.”

Case Briefs High Courts

Calcutta High Court directs payment of interest on revised gratuity in spite delay as such relief doesn’t affect third parties’ right

Calcutta High Court stated that the petitioner justified the considerable delay in filing the writ petition by asserting that there is no statutory period of limitation, and neither party has suffered due to this delay.

Case Briefs High Courts

Calcutta High Court grants permission to tender Affidavit-in-Chief due to ‘necessity’ and for ‘ends of justice’

Calcutta High Court directed that both the suits are to be heard together after such evidence on recall is completed and granted the respondent the right to cross-examine the petitioner.

Case Briefs High Courts

‘Probationer’s termination is neither per se dismissal nor removal’; Calcutta High Court upholds termination order

Whether the termination, in present case, be termed an innocuous termination simpliciter or an order of punishment based on the alleged misconduct of the petitioner?

Case Briefs High Courts

‘An extrajudicial confession, being weak evidence, requires corroboration’; Calcutta High Court sets aside conviction under Section 302 IPC

The Calcutta High Court criticised the trial court for not properly assessing the evidence and for erroneously applying legal principles and set aside conviction on prosecution’s failure to establish guilt beyond a reasonable doubt.