Ritu, Author at SCC Times

‘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.

Case Briefs High Courts

Refusal to grant extension without valid reasons constitutes colorable exercise of power: Calcutta High Court

Calcutta High Court opined that an appeal is no substitute for revisiting of an ex parte order, especially when the defense of the petitioner is not on record.

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 125 CrPC maintenance claim in absence of prima facie proof of marriage

The Calcutta High Court stated that the documents presented by the petitioner which mention her as wife are mere declarations, subject to proof, if challenged.

Case Briefs High Courts

Calcutta High Court affirms Canara Bank’s obligation to reimburse Municipal Taxes and Surcharges as per consent decree

Calcutta High Court acknowledged the lack of evidence regarding the actual amount paid by the decree-holder to the Kolkata Municipal Corporation on behalf of the bank and directed the decree-holder to provide evidence of payments to KMC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms NCLT’s rejection of application for valuation queries post-resolution plan approval

In the instant matter, the NCLT rejected the application, noting the approval of the resolution by the Committee of Creditors and the absence of filing through an authorized representative.

Case Briefs High Courts

Calcutta High Court holds Directors liable for dishonored cheque despite company’s “struck-off” status

The Calcutta High Court opined that the trial court failed to consider the provisions of Section 65 which allow for alternate methods of service when due diligence fails.

Case Briefs High Courts

Calcutta High Court quashes Defamation proceeding against altruist monk in absence of essential elements

“Criminal defamation is not a disproportionate restriction on free speech, because protection of reputation is a fundamental right as well as a human right.”

Case Briefs High Courts

Calcutta High Court determines applicable interest rate based on amended Section 31(7)(b) of Arbitration and Conciliation Act

Calcutta High Court applied the amended Section 31(7)(b) for determining the interest rate after considering the silence of the Award on the interest issue and the subsequent execution proceedings filed after the 2016 amendment.

Case Briefs High Courts

Calcutta High Court upholds rejection of Order VII Rule 11 CPC application despite disclosure of Cause of Action through ‘clever drafting’

Calcutta High Court stated that “Order VII, Rule 11 is applicable to the plaint which does not disclose cause of action and not the cases where the plea is non-existence of cause of action.”