Ritu, Author at SCC Times

Calcutta High Court upholds Arbitration Clause; directs parties to resolve dispute arising from distributor agreement through Arbitration

The Calcutta High Court emphasised on the doctrine of “kompetenz-kompetenz”, granting the Arbitral Tribunal the authority to rule on its own jurisdiction, including the existence and validity of the arbitration agreement.

Case Briefs High Courts

Calcutta High Court upholds legality of trial proceedings; dismisses Revision due to advance trial stage and absence of prejudice

Calcutta High Court invoked Section 465 of the CrPC, emphasizing that no finding, sentence, or order shall be reversed unless a failure of justice has been proven.

Case Briefs High Courts

‘No demonstrated legal infirmity or non-compliance with Section 30(2) of the IBC found’; NCLAT upholds Resolution Plan approval

The NCLAT held that the commercial wisdom of the CoC was considered paramount, and no interference was justified.

Case Briefs High Courts

Calcutta High Court postpones decision on supplementary affidavit due to delay in production of seized electronic devices by CBI

The instant matter is related to selection of the candidates who have scored less marks than the petitioners in the Selection Test, 2016 for Assistant Teachers in secondary schools.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms Committee of Creditors’ authority to opt for liquidation under Section 33(2) of the IBC; sets aside show cause notice

The NCLAT held that the CoC had the jurisdiction to decide on liquidation as per Section 33(2) and its explanation, even before completing all steps for resolution.

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBC| NCLAT deems CoC’s rejection of Section 12A proposal unjustified; orders remittance of deposited amount for creditor distribution

Section 12A was introduced in the Insolvency and Bankruptcy Code, 2016, allowing the withdrawal of CIRP with the approval of 90% voting share of the CoC.

Case Briefs High Courts

Calcutta High Court dismisses application for appointment of Arbitrator; rules “May” in Clause 13 renders dispute resolution ambiguous

The Calcutta High Court emphasised the need for a clear and unequivocal expression of intent to arbitrate.

Case Briefs High Courts

Calcutta High Court upholds conviction under the Prevention of Food Adulteration Act, 1954; orders immediate imprisonment and fine recovery

“Revisional jurisdiction is basically supervisory in nature and may be exercised only when there is glaring defect in procedure or there may be a manifesting error on a point of law, resulting in a flagrant miscarriage of justice.”

Case Briefs High Courts

Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement

The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.

Case Briefs High Courts

Calcutta High Court upholds Appellate Court’s order on pre-emption rights and limitation

Calcutta High Court held that issue of limitation being a question of fact ought to have been raised before trial court and evidence ought to have been adduced.

Case Briefs High Courts

‘No conviction solely based on accused’s statements under Section 313 of CrPC’; Calcutta High Court sets aside conviction

Calcutta High Court noted that the impugned notice has not been produced before the Court, thus not proved, the case’s foundation is wrong and thus not maintainable.

Case Briefs High Courts

Calcutta High Court establishes appeal’s maintainability under Order 43(1)(a) and Section 104 of CPC, refers to appropriate jurisdiction

Calcutta High Court referred the appeal to the bench with jurisdiction over first appeals from orders under Order 43(1)(a) passed by a regular court of civil jurisdiction, not by a special or commercial court.

Case Briefs High Courts

‘An accused has fundamental right to fair trial’; Madhya Pradesh High Court allows petition to call witnesses in a cross-case

Madhya Pradesh High Court opined that Section 243 of the CrPC nowhere bars the investigating officer of cross-case to appear on behalf of accused in the case in which he is a complainant.

Case Briefs High Courts

Calcutta High Court grants permission to All India Secular Front for Foundation Day meeting, imposes conditions for Peaceful Assembly

Calcutta High Court acknowledged the petitioners’ status as a recognized political party and emphasised the importance of a level playing field for all political outfits.

Case Briefs High Courts

Calcutta High Court sets aside nomination of Waqf Board member under Section 14(1)(d) of Waqf Act, 1995; calls for fresh appointment

Calcutta High Court allowed the writ petition, emphasising the importance of following legal provisions in appointments to public offices and maintaining the integrity of the Waqf Board.

Case Briefs High Courts

Calcutta High Court dismisses Revisional Application on claim of collusion and fraud; Case to proceed for Trial

The Calcutta High Court clarified that rejection of the plaint is not warranted based on allegations of collusion or lack of cause of action, which are factual issues to be determined during the trial.

Case Briefs High Courts

Calcutta High Court allows live telecast and puja ceremony of Shri Ram Mandir inauguration at Kolkata’s Deshpran Sasmal Park

The Calcutta High Court restricted the number of participants to 60 and directed the police authorities to provide necessary assistance if required.

Case Briefs High Courts

Calcutta High Court affirms Section 148A(d) IT Act order; directs active participation in re-assessment proceedings

Calcutta High Court observed that the assessing officer issued the impugned notice based on the high-value cash deposits during the demonetization period.

Case Briefs High Courts

Calcutta High Court directs formation of SIT amidst allegations of bias and ineffectiveness in Enforcement Directorate officials attack case

Calcutta High Court noted the registration of a counter FIR before an FIR about the attacks on Enforcement Directorate officials, casting doubt on police impartiality.

Case Briefs High Courts

Calcutta High Court upholds CBMWTF’s administrative decision of reallocation of Bio-Medical Waste Management Facilities in West Bengal

The Calcutta High Court held that the impugned order is not a violation of specific legal rights or an arbitrary decision.