Ritu, Author at SCC Times

‘Right to get pension immediately after retirement is a recognised right’; Calcutta High Court directs payment of retiral benefits

Calcutta High Court held that any wrong deductions from the petitioner’s salary should not defeat the rightful claim for pension, a recognized right immediately after retirement.

Case Briefs High Courts

Calcutta High Court upholds eviction decree on non-compliance of stringent requirements under Section 7 of the W.B. Premises Tenancy Act, 1997

Calcutta High Court observed that the Compliance with mandatory provisions, specifically Section 7(1) and (2), is crucial for a tenant defending against eviction under the West Bengal Premises Tenancy Act.

Case Briefs High Courts

Calcutta High Court upholds Presidency Small Cause Court’s jurisdiction to decide ejectment suit under W.B. Premises Tenancy Act, 1997

The Calcutta High Court upheld legislative competence to confer jurisdiction on Presidency Small Cause Court, considering the specific language of Section 12A excluding jurisdiction of any other court.

Case Briefs High Courts

‘Temporary nature of agreement and renewals indicates license status’; Calcutta High Court orders eviction

“Even if there are certain clauses which the parties may have aided from the tenancy legislation, is no ground to … declare the unambiguous leave and licence agreement to be an agreement of tenancy ignoring preponderance of probability.”

Case Briefs High Courts

Calcutta High Court quashes KMC’s action under Section 17A of West Bengal Inland Fisheries Act, 1984 over Water Body Restoration dispute

Calcutta High Court held that Kolkata Municipal Corporation’s (KMC) actions under Section 17A of the West Bengal Inland Fisheries Act, 1984 without proper findings on water body’s capability illegal.

Case Briefs High Courts

Calcutta High Court rejects Post-Retirement Regularisation due to irregular appointment and lack of sanctioned post

Calcutta High Court rejected the claim of discrimination based on the regularisation of other employees.

Case Briefs High Courts

Calcutta High Court allows revision application for addition of parties; remits for reconsideration pending special officer’s report

Calcutta High Court stated that court has discretion under Order 1 Rule 10(2) of the CPC to add necessary or proper parties for effective adjudication.

Case Briefs High Courts

Proposed accused has no right to hearing at the stage of inquiry under Section 340(1) of CrPC: Calcutta High Court

Calcutta High Court emphasised that the purpose of the preliminary inquiry is not to determine guilt or innocence but to decide whether an inquiry is expedient in the interest of justice.

Case Briefs High Courts

Calcutta High Court affirms convictions in night-time dacoity involving robbery, murder and rape

“Credible evidence even of a hostile witness can form the basis for conviction in a criminal trial and his/her evidence can be accepted, if he/she is a natural and independent witness.”

Case Briefs High Courts

Calcutta High Court allows Opposition Leaders to pay homage at Netai Shahid Bedi amidst Diwas celebrations

The Calcutta High Court emphasized that no party should engage in political activities or slogans and directed possible videography by police authorities from 06-01-2024 to 07-01-2024.

High Courts

Right to privacy of unwed biological mother prevails over the adoptee’s right to know his roots: Calcutta High Court

Calcutta High Court held that petitioner’s delay in initiating the root search impacts the availability of certain documents, and no penal action can be taken against the adoption agency for the absence of the surrender deed.

Case Briefs High Courts

Calcutta High Court directs State to grant ‘Pension Conversion Scheme’ benefits to retired teacher

While observing that petitioner submitted the option within the specified timeframe and returned the employer’s contribution in good faith, the Calcutta High Court found the petitioner to be a bona fide applicant.

Know thy Judge

Justice Chudalayil Thevan Ravikumar: Judicial Odyssey of a Zoology graduate to the Supreme Court of India

Justice C.T. Ravikumar’s journey from a young graduate in Zoology to a distinguished judge of the Supreme Court exemplifies his dedication, passion, and exceptional legal prowess and serves as an inspiration for aspiring legal professionals.

Know thy Judge

Know Thy Judge | Justice Biswanath Somadder, 24th Chief Justice of Sikkim High Court

Justice Biswanath Somadder’s journey, spanning decades, reflects a distinguished career that extends from practicing law in the High Court at Calcutta to assuming the prestigious role of Chief Justice in various High Courts across India.

Case Briefs High Courts

Calcutta High Court dismisses petition challenging provisional attachment of bank account under Section 83 of CGST Act, 2017

The Calcutta High Court rejected the objection regarding the maintainability of the writ petition, stating that part of the cause of action arose within the territorial jurisdiction of the court.

Case Briefs High Courts

Calcutta High Court dismisses Berger Paint’s trademark infringement plea against JSW Paints due to lack of deceptive similarity

The Calcutta High Court stated that Trademark dilution protects well-known trademarks from losing their appeal when used in connection with diverse and dissimilar products or services.

Case Briefs High Courts

Calcutta High Court upholds Kolkata Municipal Corporation’s authority to levy Stallage and related charges and penalties

The Calcutta High Court validated the demand notice based on the approved proposal in 2011 and upheld KMC’s power to levy stallage and fees.

Case Briefs High Courts

Calcutta High Court upholds forfeiture of earnest money in e-auction sale dispute

The Calcutta High Court stated that the terms of the e-auction notice explicitly stated the conditions of the sale, including the forfeiture clause in case of non-compliance by the bidder.

Case Briefs High Courts

Calcutta High Court affirms constitutional validity of Section 16(4) of W.B. GST Act, 2017; Upholds denial of Input Tax Credit

Calcutta High Court rejected the appellant’s argument, affirming that the time limit under Section 16(4) restricts the entitlement under Section 16(2).

Case Briefs High Courts

Calcutta High Court upholds rectification of initial pay fixation error under the Assured Career Progression Scheme

The ACP Scheme mandates upgradation to the next higher grade in the existing hierarchy and the petitioner, being a Constable, was entitled to the 1st ACP upgradation in the existing hierarchical pay scale.