Ritu, Author at SCC Times

Calcutta High Court upholds the co-owners’ right to enhanced compensation in Land Acquisition case

Calcutta High Court: In a consolidated writ petitions challenging the Collector, Land Acquisition’s order denying enhanced compensation to the petitioners based on

Case Briefs High Courts

Calcutta High Court condones 1452 days delay in filing appeal against acquittal; criticises CBI’s approach

Calcutta High Court acknowledged that due to the nationwide lockdown imposed by the Central Government arising out of COVID pandemic situation in the Country, followed by strict minimum attendance schedule followed in all the government offices, the movement of official work got inadvertently delayed.

Case Briefs High Courts

Calcutta High Court rejects appeal on compliance of Section 64VB of Insurance Act; directs dispersal of insurance claim

“Waiver is the abandonment of a right which normally every body is at liberty to waive. It is an intentional relinquishment of known right or advantage, benefit, claim or privilege which except for such waiver the party would have enjoyed.”

Case Briefs High Courts

Unresolved factual ‘Factual disputes should be resolved during trial’; Calcutta High Court dismisses interlocutory application and Review motion

Calcutta High Court emphasised the need for caution in granting relief at the interlocutory stage, particularly when it resembles final relief.

Know thy Judge

Know Thy Judge | Justice Surya Kant: Journey from bustling town of Hisar to the Supreme Court of India

Justice Surya Kant embarked on a remarkable journey that saw him rise from humble beginnings to being the Judge of the Punjab and Haryana High Court, Chief Justice of High Court of Himachal Pradesh and ultimately the Judge of the Supreme Court of India.

Case Briefs High Courts

Calcutta High Court interprets rules regarding enhancement of pay upon acquisition of higher qualifications

Calcutta High Court noted that while acquisition of higher qualifications does not guarantee a higher scale of pay, teachers can legitimately expect incentives for further education.

Case Briefs High Courts

Calcutta High Court sets aside Issuance of Process; remands matter to Magistrate for compliance with Section 202 of CrPC

Whether the process issued against the petitioner by the Magistrate was valid considering the petitioner’s residence outside the territorial jurisdiction of the Magistrate?

Case Briefs High Courts

‘Director’s liability without company’s inclusion is unlawful’; Calcutta High Court quashes criminal proceedings due to violation of Section 46B of the Bengal Excise Act, 1909

Calcutta High Court deemed the criminal proceedings an abuse of the process of law and allowed the revisional application.

Case Briefs High Courts

Unanimity on Questions of Law; differences on Questions of Facts: Division Bench refers matter to Calcutta High Court Chief Justice for resolution by third Judge

The Division bench agreed to the monthly occupation charges but disagreed on the time period for payment.

Case Briefs High Courts

‘A mere undertaking does not create charge without transfer of interest’; Calcutta High Court dismisses application seeking rejection of plaint

Calcutta High Court stated that the defendant did not produce any documents to prove he has complied with his obligation under MOU, leading to its cancellation.

Case Briefs High Courts

Calcutta High Court upholds amendment to written statement under Order VI Rule 17 CPC, emphasising necessity for effective adjudication

The Calcutta High Court noted that the amendment did not change the suit’s nature fundamentally and would not cause undue prejudice to the petitioner.

Case Briefs High Courts

Calcutta High Court modifies Special Referee’s report; determines Mesne profits and monthly rents based on Cost Inflation Index

Calcutta High Court held that based on the Lease Deed, the defendant’s possession after the original term was an extension, not a renewal, and a new lease document was not required.

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 311 CrPC application due to bar on criminal revision under Section 397(2) CrPC

The Calcutta High Court observed that Section 311 of the CrPC provides wide discretionary powers to courts for summoning, examining, or recalling witnesses if their evidence is essential to a just decision.

Case Briefs High Courts

Securities Misappropriation | Calcutta High Court sets aside Magistrate’s orders on non-compliance of mandatory provision of Section 202 CrPC

“The compliance of provision under Section 202 of the CrPC, 1973, is compulsory and unavoidable for a Magistrate before issuance of summons in case of alleged offender who resides outside his territorial jurisdiction.”

Case Briefs High Courts

‘Strike balance between Compliance and Natural Justice’; Calcutta High Court provides procedural guidelines for fraud allegations under RBI Master Directions

Calcutta High Court stated that show-cause notices are analogous to a First Information Report (FIR) and are not required to detail the probative value of the Forensic Audit Report at this stage.

Case Briefs High Courts

Calcutta High Court grants compensation after lapse of proceedings and utilisation of land for Flyover Construction

Calcutta High Court noted that the previous judgments and record of rights post-vesting supports petitioners’ claim for compensation.

Case Briefs High Courts

Prosecution Witness entitled to benefit of Section 132 of Evidence Act and Section 307 CrPC; Calcutta High Court sets aside trial court’s order

Calcutta High Court emphasised the need for the trial court to adhere to legal procedures and directed to proceed with the trial from the date preceding the date of the order under revision.

Case Briefs High Courts

Calcutta High Court appoints Special Officer to safeguard Iron Ore as post-arbitral award interim measures under Section 9 of Arbitration and Conciliation Act

The Calcutta High Court noted literal interpretation of Section 9 of the Act supports the idea of provisional relief before the final enforcement of the arbitral award under Section 36.

Case Briefs High Courts

‘Duty of Welfare State to devise beneficial schemes for common people’; Calcutta High Court directs Centre to formulate policy on Kerosene Oil allocation

Calcutta High Court rejected the idea of directing a specific allocation but highlighted the duty of the government to formulate a policy.

Justice Hrishikesh Roy supreme court judge mediation

Know thy Judge

Know Thy Judge | Justice Hrishikesh Roy: Crafting a Lasting Legacy in Mediation

Justice Hrishikesh Roy, sitting Judge of Supreme Court of India and former Chief Justice of Kerala High Court is known for his notable contributions to the causes of alternative dispute settlement and legal aid.